M Scott Donald
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.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Responding to bank failure: Evaluating open bank resolution in New Zealand” – Jordan Boyd; “Bank custodians and systemic risk in the Australian superannuation system” – M Scott Donald and Rob Nicholls; and “The adjudication of Shari’ah issues in Islamic finance contracts: Guidance from Malaysia” – Tun Abdul Hamid Mohamad and Adnan Trakic. Also in this Part are the following sections: Banking Law and Banking Practice; Wealth Management; and Recent Publications.
The last Part for the 2014 Volume of C&SLJ includes the following articles: “Fiduciary obligations, financial advisers and FOFA” – Simone Degeling and Jessica Hudson; “The potential for superannuation funds to make investments with a social impact” – M Scott Donald, Jarrod Ormiston and Kylie Charlton; “A shareholder’s contractual right to a dividend and a company’s oppressive conduct in withholding dividend payments: Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd” – Jean du Plessis and Stephen Alevras; “Timely public disclosure of company information: A likely precondition for optimal long-term corporate and national outcomes” – Gill North; and “Basel III’s effect on the Australian market” – Siobhan Caitlin Sweeney.