The latest Part of the Company and Securities Law Journal includes the following articles: “Catching Pre-insolvency Advisors: The Hidden Culprits of Illegal Phoenix Activity” – Helen Anderson and Jasper Hedges; “Personal Financial Product Advice under the Corporations Act” – RP Austin and Michael Vrisakis; “Commercial Litigation under the Personal Property Securities Act 2009 (Cth) – Part II” – Matthew Broderick and Dr David Morrison; “‘Persons Who Commonly Invest’: Who Are They?” – Andrew Eastwood; and “Financial Advisers – New Remuneration Constraints and Competency Requirements Addressing Perverse Incentives and Poor Advice” – Julie-Anne Tarr. This issue also includes the following sections: Editorial; Corporate Finance – Matthew Broderick: “et-Off and the PPSA: A Note on Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq)” – Anthony Duggan; Directors’ Duties – Dr Rosemary Teele Langford: “Breaches of Duty by Corporate Officers and Directors: Accessory Liability, Account of Profits and Causation” – Pauline Ridge; Corporate Insolvency – Helen Anderson: “To Prioritise or not to Prioritise: The Question of Prepayment Consumer Creditors” – Professor Christopher Symes and Dr Beth Nosworthy.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Section 46: Its Purpose and the Proposed New Effects Test” – Julie Clarke; “Beyond Lawyers: Legal Literacy for the Future” – Brett Freudenberg; “The Contract Risks to Universities of Work-Integrated Learning Programs” – Craig Cameron. Also in this Part is the following section: Insurance and Transport: “Insurance and Third-Party Litigation Funding in Australia: The Desirability or Otherwise of a Common Regulatory Framework?” – Julie-Anne Tarr.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “In with the Old, Out with the New? The Rights of a Replaced Trustee Against its Successor, and the Characterisation of Trustees’ Proprietary Rights of Indemnity” – Diccon Loxton; “An Analysis of the Inconsistencies Regarding the Co-regulatory Environment for Registered Company Auditors in Australia” – Max Bessell, Lisa Powell and Grant Richardson; “Accountability and Retrospective Legislation – Implications for Directors, Officers and Third Parties” – Julie-Anne Tarr and Gavin Nicholson. Also in this Part are the following sections: Company Law and Securities: “Recent Developments in Corporate and Securities Law” – Bob Baxt AO; New Zealand and Other Jurisdictions: “Papua New Guinea’s consumer and competition framework review” – Andrew F Simpson and Brent Fisse; “Concentrated News Media Ownership after the NZME/Fairfax Merger” – Rex Ahdar.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Strategically Deterring Generic Entry Ahead of Patent Expiry: A Competition Law Antidote? Assessing Australian Pharmaceutical Antitrust Enforcement after ACCC v Pfizer” – Colette Downie; “Marine Insurance Law Reform in Australia – a Following Sea” – Julie-Anne Tarr; “Registered Charities and Governance Standard 5: An Evaluation” – Ian Ramsay and Miranda Webster; and “Australian Charities and Not-for-profits Commission: Enforcement Tools and Regulatory Approach” – Marina Nehme. Also in this Part is the following section: Privacy Law: “‘Personal information’ under the Privacy Act 1988 (Cth) – Privacy Commissioner v Telstra Corporation Ltd  FCAFC 4” – Normann Witzleb.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding debate about proposed changes to the Competition and Consumer Act 2010 (Cth) (CCA). It also contains the following articles: “Settlement practices in Australia: The distinction between civil and criminal penalties” – Linda Evans and Alexander Vial; “Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge” – Brent Fisse; and “Australia’s flawed Regulatory Impact Statement (RIS) process” – Sue Taylor, Julie-Anne Tarr and Anthony Asher. Also in this Part are the following sections: Company Law and Securities: “Imposition of longer sentences for insider trading: The case of Hanlong Mining” – Mark Fisher and Michael Legg; and Competition Law and Market Regulation: “Section 46: Exposure draft legislation and ACCC draft misuse of market power guidelines” – Stephen Corones.
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
The latest Part of ABLR includes the following articles: “In-house counsel advising on foreign law: Is it privileged?” – Dan Butler; “Queensland shale gas – a rocky road ahead for the new kid on the block?” – Michael Walton; “Insurance and trust: Lessons from the Christchurch Cathedral” – Julie-Anne Tarr and Myles McGregor-Lowndes; and “National competition policy: Coming of age” – Professor Frederick G Hilmer AO. There is also an Editorial and a Competition Law and Market Regulation section.
The latest Part of ABLR includes three articles of interest. The first comes from Andrew Eastwood and seeks to explore policy issues such as whether it is appropriate for regulators to encourage the voluntary provision of a party’s legal advice, and whether a willingness to produce such advice should be seen as a necessary aspect of “full cooperation” with the regulator’s investigation. The second article is by Julie Anne Tarr which looks at striking a balance between commercial and public interests when regulating the coal industry. The final article comes from Philip Williams and explores the range of meaning given to the words “take advantage” as they appear in the monopolisation provisions of the competition laws of Australia and New Zealand.
The latest Part of ABLR includes two interesting articles. The first comes from Stephen Corones and Thomas Galloway and considers the uncertainty surrounding the scope of the best interests duty which forms part of the Government’s Future of Financial Advice (FOFA) reforms. The second article comes from Julie-Ann Tarr and considers the extent of private insurance cover and its availability to volunteers under home and contents insurance and under comprehensive motor vehicle insurance. There are also several section notes in this Part, including Privacy, Franchising, Consumer Dealings, and Company Law and Securities.
The latest Part of the Australian Business Law Review contains several articles on a range of interesting topics, including the effectiveness of telecommunications access regulation, regulation of anticompetitive “understandings” and price signalling in Australia, consumer guarantees and extended warranties, and the nature and extent of risks faced by the not-for-profit sector. There are also two sections notes in “Contracts and Restitution” and “Competition Law and Market Regulation”.