John Sheahan QC

Journal of Banking and Finance Law and Practice update: Vol 32 Pt 1

By Journal Alerts on June 7, 2021

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “One-Stop Shop: Consumer Credit Issued at the Point of Sale” – Lucinda O’Brien, Ian Ramsay, Paul Ali and Mihika Upadhyaya; “Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy” – Mohd Hwaidi; and “The Banker’s Obligation to Pay and the Scope of the Quincecare ‘Duty'” – Lee Aitken. Also in this Part are the following sections: Banking Law and Banking Practice: “CBDC: Digital Cash as Legal Tender” – Alan L Tyree; and Insolvency Law and Management: “Simplified Liquidation: A Different Test for Insolvency?” – Lindsay Powers.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alan L Tyree, appropriate outcomes for fraud and illegality exceptions, articles, Australian Credit Licence (ACL), Banking Law and Banking Practice, Barclays Bank Plc v Quincecare Ltd, CBDC: Digital Cash as Legal Tender, cognitive dissonance theory, documentary letters of credit, duty to inquire, Gerard Breen, Ian Ramsay, illegality exception under English law, Insolvency law and management, JBFLP, John Sheahan QC, Lee Aitken, Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy, Lindsay Powers, Lucinda O'Brien, Mohd Hwaidi, nudge theory, One-Stop Shop: Consumer Credit Issued at the Point of Sale, Paul Ali and Mihika Upadhyaya, point-of-sale credit, rational choice theory, responsible lending requirements, Simplified Liquidation: A Different Test for Insolvency?, The Banker's Obligation to Pay and the Scope of the Quincecare "Duty", Uniform Customs and Practice for Documentary Credits | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 30 Pt 3

By Journal Alerts on November 29, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Challenges for Regulatory Reform in the Finance Sector: Learnings from the Last Decade” – Alice Klettner; “Rights in Collateral under the PPSA: Rebutting the Minimalist Approach” – Craig Wappett and Anthony Duggan; and “The Evolution and Consolidation of External Dispute Resolution Schemes in the Financial Sector: From the Banking Ombudsman to the Australian Financial Complaints Authority” – Ian Ramsay and Miranda Webster. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; New Zealand; and Tokyo.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Klettner, alternative approach, Anthony Duggan, Australian Banking Industry Ombudsman (ABIO), Banking Law and Banking Practice, bitcoin, blockchain technology, Carter Holt Harvey, Craig Wappett, David Brown, David Craig, Dr Alan L Tyree, external dispute resolution (EDR), External Dispute Resolution Schemes in the Financial Sector, Gerard Breen, Guy Lethbridge, Hamersley v Forge, Ian Ramsay, immutability, Insolvency law and management, JBFLP, John Sheahan QC, Joto Tanpo, Lindsay Powers, Masahiro Ueno, Minimalist Articles, Miranda Webster, New Zealand, personal property securities, PPSA, Re Enhill, recharacterisation approach, Regulatory Reform in the Finance Sector, retention of title, Rights in Collateral under the PPSA, Ross Pennington, security interest, Simon Jensen, Steve Flynn, title retention arrangements, Tokyo, trading trust, unitary model | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 30 Pt 2

By Journal Alerts on August 28, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Shutting the Courts Out: Developing Consumer Credit Law in the Shadow of Alternative Dispute Resolution and the New Australian Financial Complaints Authority” – Nicola Howell; “ASIC v Citigroup Revisited: Are Agents in Syndicated Debt Facilities Fiduciaries?” – Nuncio D’Angelo; “A Singular Loyalty: Superannuation after the Hayne Royal Commission” – Pamela Hanrahan; and “Receivables Financing: A Comparative Study of s 81 of the PPSA and Other Legislative Overrides to Anti-Assignment Clauses” – William Kim. Also in this Part are the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Canada.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Angela Flannery, ASIC v Citigroup, Australian Financial Complaints Authority (AFCA), Banking Law and Banking Practice, Benjamin Geva, Canada, contractual assignment clauses, developing consumer credit law, dominance of external dispute resolution (EDR) in the consumer credit sector, Dr Alan L Tyree, electronic chattel paper, fiduciary law and fiduciary exclusions, international payments gone wrong, JBFLP, John Sheahan QC, Linda Widdup, Nuncio D'Angelo, Pamela Hanrahan, Personal Property Securities Act 2009 (Cth), Securities and mortgages, Ss 81 of the Personal Property Securities Act 2009 (Cth) (PPSA), superannuation after the Hayne Royal Commission, William Kim | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 30 Pt 1

By Journal Alerts on May 22, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “A CCP Resolution Regime for Australia” – Eve Brown; and “BEARing Responsibility for Cyber Security in Australian Financial Institutions: The Rising Tide of Directors’ Personal Liability” – Kayleen Manwaring and Pamela Hanrahan. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; and Book Reviews.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged A Bank's Duty of Care, Alan L Tyree, Banking Executive Accountability Regime, Banking Law and Banking Practice, Book reviews, Cees van Dam, central counterparty (CCP) resolution regime, combating phoenix activity, cyber security measures, Danny Busch, Dispute Resolution in Transnational Securities Transactions, Eve Brown, Gerard Breen, Gregory Burton SC, information security, Insolvency law and management, Jason Harris, JBFLP, John Sheahan QC, Kayleen Manwaring, Lindsay Powers, Pamela Hanrahan, permissioned blockchains, Prudential Standard CPS 234, Tiago Andreotti, Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 4

By Journal Alerts on April 10, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “SolarCoin: Virtual Currency Meets Solar Electricity – A Bright Future?” – Ben Hartsuyke; “Unfairness in Islamic Finance Contracts: The Malaysian Case” – Adnan Trakic; and “Romalpa Suppliers and the PPSA – For Better or Worse in Insolvency – Part I” – David Morrison and Matthew Broderick. Also in this Part are the following Sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Tax and Stamp Duty; and Book Review.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Adnan Trakic, Alan L Tyree, Andrew Booth, Anthony Sommer, Banking Law and Banking Practice, Ben Hartsuyker, blockchain, book review, Commercial and finance law, David Morrison, Gerard Breen, Gregory Burton SC, Hamersley v Forge, Iain Ramsay, Insolvency law and management, insolvency set-off rights, Islamic finance contracts, Jason Harris, JBFLP, John Sheahan QC, Keshni Maharaj, Lindsay Powers, Mark Friezer, Matthew Broderick, Patrick Lowden, Personal Insolvency in the 21st Century: A Comparative Analysis of the US and Europe, Personal Property Securities Act 2009 (Cth), potential of data in Australia's financial system, retention of title clauses, Romalpa clauses, SolarCoin, Suzana Livaja, Tax and Stamp Duty, tax rules for stapled structures, virtual currency and solar electricity | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 3

By Journal Alerts on October 11, 2018

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Improving Australia’s Regulatory Framework for Systemic Financial Stability” – Steve Kourabas; “When Is a Mortgage Broker the Lender’s Agent?” – Oscar S Han; “A Comparative Study of the Laws of Bond Trust in Common Law and Civil Law Countries” – Benjamin Liu; and “Social Impact Bonds in Australia” – Ian Ramsay and Corinne Tan. Also in this Part are the following sections: Banking Law and Banking Practice; Financial Markets; and Insolvency Law and Management.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alan L Tyree, Banking Law and Banking Practice, Benjamin Liu, BIS v Bitcoin, Corinne Tan, current state of insolvency law reform, David Walter, drafting error in s 283F(1) of the Corporations Act (Cth), Financial Markets, George Harris, Gerard Breen, Ian Ramsay, Insolvency law and management, Ipso Facto reforms, Jason Harris, JBFLP, John Sheahan QC, laws of bond trust, Lindsay Powers, mortgage broker as lender's agent, Oscar S Han, regulatory framework for systemic financial stability, regulatory theory, social impact bonds in Australia, Steve Kourabas, Teresa Ientile | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 3

By Journal Alerts on September 18, 2017

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Collateral Undamaged: Conforming Financial Collateral Laws in a Global Marketplace” – Max Allan; “Microfinance in Australia: Is the Law Doing Enough to Address Financial Exclusion?” – Francisco Widjojo; “The BEAR Necessities: What Jurisdictional Considerations will Australia’s Version of the UK’s ‘Senior Managers and Certification Regime’ Need to Accommodate?” – Andrew Eastwood and James Emmerig; and “The Taxing Challenge of Digital Currency” – Joel Emery and Miranda Stewart. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Canada; Tokyo; and United Kingdom and Europe.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged administrative penalties, Andrew Eastwood, Angela Flannery, Anthony Sommer, Banking Executive Accountability Regime, Banking Law and Banking Practice, Benjamin Geva, bitcoin, Canada, Chapter III of the Commonwealth Constitution, Dr Alan L Tyree, Dr Matteo Solinas, financial collateral laws, financial exclusion, Financial System Legislation Amendment (Resilience and Collateral Protection) Act 2016 (Cth), Francis Cardell-Oliver, Francisco Widjojo, Gerard Breen, Hamersley Iron Pty Ltd v Forge Group Power Ltd [2017] WASC 152, Insolvency law and management, interpretation of performance guarantees, James Emmerig, Jason Harris, JBFLP, Joel Emery, John Jarvis QC, John Sheahan QC, judicial review proceedings of Financial Ombudsman Service decisions, Kallun Willock, Lindsay Powers, Marissa A Daniels, Masahiro Ueno, Max Allan, Michael Green, microfinance, Miranda Stewart, Neville Gray, oversight and regulation of payment systems, Paul Rogerson, Personal Property Securities Act 2009 (Cth), Peter A Aziz, Securities and mortgages, Senior Managers and Certification Regime (UK), set-off rights, Simic v New South Wales Land and Housing Corporation [2016] HCA 47, Stephanie Ben-Ishai, Stewardship Code (Japan), Stuart Dutson, taxation of digital currency, Thanuja Rodrigo, Tokyo, United Kingdom and Europe | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 1

By Journal Alerts on March 14, 2017

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The Circulating Security Interest in Review: Architectures of Certainty, Flexibility and Control” – Alice Tranter Wilson; “Application of the Basel III Framework to Cash Deposits Held by APRA-regulated Superannuation Funds” – M Scott Donald; and “Enhancing Competition: Challenges for Australian Retail Banking” – Deborah Healey and Rob Nicholls. Also in this Part are the following sections: Banking Law and Banking Practice; Hong Kong and China; Singapore and South East Asia; and Tokyo.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Tranter Wilson, Australian Prudential Regulation Authority (APRA), Australian retail banking, Authorised Deposit-taking Institution (ADI), Banking Law and Banking Practice, Basel III framework, cash deposits, circulating security interest, competition, customer switching, Deborah Healey, Dr Alan L Tyree, Employment Claims Tribunals, Hong Kong and China, Huimiao Zhao, Insolvency, internet finance governance, JBFLP, John Sheahan QC, Kala Anandarajah, loan agreements, M Scott Donald, Marcus Teo, Masahiro Ueno, Paul O’Brien, Personal Property Securities Act 2009 (Cth), repayment on demand, Rob Nicholls, salary disputes, Singapore and Southeast Asia, superannuation funds, Tokyo, tripartite set-off, Wayne Courtney, Wei Cai | Leave a response

Journal of Banking and Finance Law and Practice Update: Special Issue (Part 2) – December 2016

By Journal Alerts on January 13, 2017

This latest edition of the Journal of Banking and Finance Law and Practice (JBFLP) is the second and final part of a Special Issue focusing on “Finance Law: Global and Regional Challenges”, and is produced in collaboration with the BFSLA Academic Committee. This Part includes the following articles: “Reviewing the Citibank securitisation case: Did it really challenge the integrity of equity?” – Helen M Dervan; “Reforming insolvent trading to encourage restructuring: Safe harbour or sleepy hollows?” – Jason Harris; “Minimising the risk of shadow directorship: Advice for distressed debt investors” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Wealth Management; Hong Kong and China; New Zealand; and Singapore and Southeast Asia.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Academic Committee of the Banking and Financial Services Law Association (BFSLA), accrued benefits, Adam Jackson, Adam Watterson, amendment powers, Andrew Booth, Ann Wardrop, Banking Law and Banking Practice, Benjamin Liu, centre of main interests (COMI), Citibank NA v QVT Financial LP [2007] 4 All ER 736; [2007] EWCA Civ 11 (CA), Code of Banking Practice, Commercial and finance law, contribution claims, David Craig, debt-to-equity swaps, director liability, Dr Alan L Tyree, Dr Lisa Butler Beatty, financial technology, Gerard Breen, Guy Lethbridge, Helen M Dervan, Hong Kong and China, Insolvency law and management, insolvent trading, Jack Furphy, Jason Harris, John Sheahan QC, Kala Anandarajah, Lindsay Powers, Media Development Authority of Singapore Act (Cap 172) (SG), Ministry of Communications and Information (MCI) (SG), New Zealand, Nuncio D'Angelo, Pamela McAlister, Patrick Lowden, Robert Boadle, Ross Pennington, safe harbour defence, securitisation, shadow directorships, Shelley Griffiths, Singapore and Southeast Asia, Tanya Tang, Telecommunications Act (Cap 323) (SG), Wayne Courtney, Wealth Management, Wei Cai | Leave a response

Journal of Banking and Finance Law and Practice update: July 2016

By Journal Alerts on July 28, 2016

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Fallout from the global financial crisis: Credit rating agencies in the frame” – Tony Ciro; and “Pulling back the shades: Demystifying vulture funds” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Securities and Mortgages; Wealth Management; Recent Publications; United Kingdom and Europe; Singapore and South East Asia; and an Editorial note marking changes to the Editorial Board.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged "safe harbour" scheme, AAA rating, ABN AMRO Bank NV v Bathurst Regional Council, access to SMSF funds, Adam Watterson, Andrew Booth, Angela Flannery, Banking Law and Banking Practice, bitcoin, Case C-362/14 Maximillian Schrems v Data Protection Commissioner, Cassegrain v Gerard Cassegrain & Co Pty Ltd, collaterised debt obligations (CDOs), Commercial and finance law, Court of Justice of the European Union, credit rating agencies, Deputy Commissioner of Taxation (Superannuation) v Ryan, distressed debt markets, Dr Alan L Tyree, Dr Lisa Butler Beatty, Dr Matteo Solinas, enforceable undertaking to rectify, estoppel by convention, Facebook, financial derivatives, foreign insolvency proceedings, George 218 Pty Ltd v Bank of Queensland Ltd, Gregory Burton SC, Heather Gray, Hon Arthur Emmett AO QC, Indefeasibility of title, Insolvency, JBFLP, John Jarvis QC, John Sheahan QC, Julie Reynolds, Kala Anandarajah, Kallun Willock, mandatory central clearing, Manoraj Karthigeyan, Mark Cheng, Michael Green, Note from the Editor, OTC derivatives, Patrick Lowden, Paul Rogerson, processing of personal data, Recent Publications, recognition of foreign liquidators, Securities and mortgages, security documentation, Sheila Rasanen, Sim Kwan Kiat, Singapore and South East Asia, Singapore insolvency law, SMSF compliance, SMSF rectification, Sonia Goumenis, Stuart Dutson, Tony Ciro, types of fraud, United Kingdom and Europe, vulture funds, Wealth Management | Leave a response

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