M Scott Donald
Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
The latest Part of the Australian Law Journal contains the following articles: “Seriously Considering ‘Seriously Considered Dicta’: Precedent after Farah Constructions” – Bernice Chen; and “Leadership Spill Rules from the Constitutional Perspective” – Greg Taylor. This Part also includes the following sections: Current Issues: “Options for the Voice to Parliament Released”; “From ‘young’ to ‘one’ by Proclamation”; “Constitutional Unwritten ‘norms’ in the United States”; “Courtroom Drama in England”; and “The Curated Page”; Conveyancing and Property: “Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia”; Admiralty and Maritime: “‘World in a Box’ What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?”; Equity and Trusts: “When Is an Express Trust Not a ‘Trust’?”; Family Law: “Pell v The Queen, Unacceptable Risk and Relevant Findings as to the Risk of Harm”; Recent Cases: “Negligence – Public Authorities – Costs – Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents – Trial Judge Declined to Make Bullock or Sanderson Order – Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties – Non-acceptance of Calderbank Letter – Whether Trial Judge Erred in Making Partial Indemnity Costs Order”; and Book Reviews: “Church, State and Family: Reconciling Traditional Teachings and Modern Liberties”, by John Witte; “Victor Windeyer’s Legacy – Legal and Military Papers”, edited by Bruce M Debelle AO QC; “Interpreting Executive Power”, by Janina Boughey and Lisa Burton Crawford (eds); “The Foundations and Future of Public Law”, by Elizabeth Fisher, Jeff King and Alison L Young (eds); “Statutory Interpretation in Private Law”, by Prue Vines and M Scott Donald (eds); “Rectification of Documents”, by John Tarrant; and “Lord Devlin”, by Justice John Sackar.
The latest Part of the Australian Business Law Review includes the following articles: “Might Superannuation Trustees Owe a Duty to Merge?” – M Scott Donald; “The Challenges of Industrial Revolutions: Luddism and Tax Reform” – Kerrie Sadiq and Bronwyn McCredie; “The Frontiers of Restraint of Trade Litigation Protecting Goodwill: Policy, Principles and Practice” – Michael Tamvakologos; “From Little Things Big Things Grow: Australia’s Evolving Copyright Site-Blocking Regime” – Cheryl Foong and Joanne Gray; and “The Australian and United States Approaches to National Security and Foreign Investment Regulation” – Nicholas Felstead. Also in this Part is an Editorial by Michael Terceiro.
The latest Part of the Company and Securities Law Journal includes the following articles: “Market-based Causation after TPT Patrol Pty Ltd v Myer Holdings Ltd” – Corey Byrne and Michael Legg; “Delegation by Superannuation Fund Trustees” – M Scott Donald; and “Competition and Efficiency at the Mercy of Equality: Balancing the Equal Opportunity Principle and Maintaining a Competitive and Efficient Market” – Vanessa Murphy. This issue also includes the following sections: Editorial; Book Review: “A Case for Shareholders’ Fiduciary Duties in Common Law Asia” by Ernest Lim – reviewed by Associate Professor Rosemary Teele Langford; Directors’ Duties: “Cassimatis v Australian Securities and Investments Commission  FCAFC 52 – “Dystopian Accessorial Liability” or The End of “Stepping Stones” as We Know It?” – Rosemary Teele Langford; and New Zealand and South Pacific: “Supporting SME Fundraising in Fiji” – Gordon Walker.
The latest Part of the Australian Law Journal contains the following articles: “Extending the Life of a Discretionary Trust” – Michael Flynn QC; “Unseen Networks: The Legal Professions’ Involvement in the Law Reform (Miscellaneous Provisions) Act 1944 (NSW)” – Mark Lunney; and “Can There Ever Be Affordable Family Law?” – Patrick Parkinson and Brian Knox. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Around the Nation: Western Australia; Personalia; Recent Cases; Book Reviews; and Obituary.
With the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry now underway, the Company and Securities Law Journal’s (C&SLJ) just published Special Issue on Customer Protection in the Financial Services Industry (Volume 35 Part 7) is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases ...more
Company and Securities Law Journal update: Vol 35 Pt 7 (Special Issue: Financial Services Protections)
The latest Part of the Company and Securities Law Journal includes the following articles: “Whither Customer Protection in Financial Services?” – M Scott Donald; “Regulating for Fairness in the Australian Funds Management Industry” – M Scott Donald; “Fairness and Financial Services: Revisiting the Enforcement Framework” – Pamela Hanrahan; “The Fairness Rationale for Customer Advocacy in the Financial Sector” – Dimity Kingsford Smith; and “Suitability” – Gail Pearson. This issue also includes the following section: Editorial; Special Issue on Protections in the Financial Services Industry – Robert Baxt AO.
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.