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.
Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged Andrew Eastwood, Anthony Duggan, Bob Baxt AO, breaches of duty by corporate officers and directors, C&SLJ, Ch 7 of the Corporations Act 2001 (Cth), Corporate Finance, Corporate insolvency, Corporations Amendment (Life Insurance Remuneration Arrangements) Act 2017 (Cth), Corporations Amendment (Professional Standards of Financial Advisers) Act 2017 (Cth), directors' duties, Dr Beth Nosworthy, Dr David Morrison, Dr Rosemary Teele Langford, Editorial, effects of Personal Property Securities Act 2009 (Cth) on litigation, general advice vs personal advice, Grant-Taylor v Babcock & Brown Ltd (in liq) (2016) 245 FCR 402; [2016] FCAFC 60, Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq), Helen Anderson, insider trading legislation, Jasper Hedges, Julie-Anne Tarr, Matthew Broderick, Michael Vrisakis, Murray Inquiry, Pauline Ridge, persons who commonly invest, perverse incentives and poor financial advice, pre-insolvency advisors promoting illegal phoenix activity, prepayment consumer creditors, Professor Christopher Symes, remuneration constraints and competency requirements, RP Austin, Trowbridge Final Report |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Brett Freudenberg, Competition and Consumer Amendment (Competition Policy Review) Bill 2016 (Cth), Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (Cth), contract risks in work-integrated learning programs, Craig Cameron, Editorial, Insurance and transport, Julie Clarke, Julie-Anne Tarr, legal literacy, misuse of market power law, Professor Bob Baxt AO, proposed new effects test, s 46 of the Competition and Consumer Act 2010 (Cth), third-party litigation funding, universities, work-integrated learning (WIL) |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Andrew F Simpson, Australian Securities and Investments Commission, Brent Fisse, co-regulatory environment for registered company auditors, company law and securities, consumer and competition framework review, corporate and securities law, Diccon Loxton, directors and officers, Editorial, Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld), Francis framework, Gavin Nicholson, Grant Richardson, Julie-Anne Tarr, Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016 (Qld), Lisa Powell, Max Bessell, New Zealand and other jurisdictions, news media ownership, NZME/Fairfax merger, Papua New Guinea, professional accounting bodies, Professor Rex Ahdar, Professor Robert Baxt AO, retrospective application of legislation, scope of liability, successor trustees, trustees' proprietary rights of indemnity |
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 [2017] FCAFC 4” – Normann Witzleb.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, ACCC v Pfizer, Antitrust Enforcement, Australian Charities and Not-for-profits Commission (ACNC), Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd (2015) 323 ALR 429; [2015] FCA 113, Colette Downie, competition law, Editorial, generic entry, governance standard 5, Ian Ramsay, Insurance Act 2015 (UK), Julie-Anne Tarr, Marina Nehme, Marine Insurance Act 1906 (UK), marine insurance law reform, Miranda Webster, misuse of market power, Normann Witzleb, patent expiry, patent settlement agreements (PSAs), personal information, pharmaceutical patentees, Privacy Act 1988 (Cth), Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4, privacy law, Professor Robert Baxt AO, registered charities, responsible entities, Standard 5 |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Alexander Vial, Anthony Asher, Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, Brent Fisse, cartel provisions, civil and criminal penalties, Commonwealth v Director Fair Work Building Industry Inspectorate (2015) 90 ALJR 113; [2015] HCA 46, company law and securities, competition law, Competition law and market regulation, discretionary by-pass provisions, Editorial, exposure draft legislation, facilitating practices, Future of Financial Advice (FOFA), Hanlong Mining, Harper Review, insider trading, Julie-Anne Tarr, Linda Evans, Mark Fisher, market power guidelines, Michael Legg, most favoured customers, National Broadband Network (NBN), parallel criminal and civil cartel provisions, Professor Robert Baxt AO, Professor Stephen Corones, Pt IV of the Competition and Consumer Act 2010 (Cth), Registrable Superannuation Entity (RSE) licensing, Regulatory Impact Statement (RIS), s 46 of the Competition and Consumer Act 2010 (Cth) (CCA), sentencing, settlement practices, Sue Taylor, vertical restraints |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Assoc Prof Paul Ali, Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Bob Baxt, commercial certainty, company law and securities, Competition law and market regulation, contractual triggers, Editorial, Evan Douglas, false or misleading, forensic accounting, franchising, goodwill, Jeanette Van Akkeren, Julie-Anne Tarr, Linda Widdup, Lorelle Frazer, Maurice Roussety, Personal Property Securities Act 2009 (Cth), Personal Property Securities Register, PPSA, premium claims, premium pricing, priority rules, Professor Robert Baxt AO, Professor Stephen Corones, registration errors, Sherrena Buckby |
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.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, Christchurch Cathedral, Competition law and market regulation, Dan Butler, foreign law, in-house counsel, insurance, Julie-Anne Tarr, Michael Walton, Myles McGregor-Lowndes, national competition policy, Professor Frederick G Hilmer AO, Queensland, Robert Baxt AO, shale gas, Stephen Corones, trust |
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.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, Andrew Eastwood, coal industry, commercial interests, company law and securities, counterfactual test, culture of compliance, Julie-Anne Tarr, legal advice, legal professional privilege, Philip Williams, public interests, Robert Baxt AO |
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.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, best interests duty, company law and securities, Consumer dealings, Consumer Protection, franchising, Julie-Anne Tarr, liability, privacy, private insurance, Stephen Corones, Thomas Galloway, volunteers |
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”.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, Almond Investors Ltd v Kualitree Nursery Pty Ltd, anti-competetive, Australian Consumer Law, Brent Fisse, Caron Beaton-Wells, Competition law and market regulation, concerted practices, consumer guarantees, Contracts and Restitution, extended warantees, Julie-Anne Tarr, Michael Borsky, Niloufer Selvadurai, not-for-profit organisations, private disclosure, reform, regulation, risk accountability, Sara Brooks, Stephen Corones, telecommunications access regulation |