The latest Part of the Australian Business Law Review includes the following articles: “Free Speech and Secondary Boycott Activity in Australia” – Anthony Gray; “An Examination of Legal Values in Statutory Unconscionable Conduct” – Peter Toy; “The Illusion of Control” – Radha M Pull ter Gunne; and “Social Enterprise and Equity Crowdfunding – A Proposal to Share Legal Infrastructure” – Akshaya Kamalnath. Also in this Part are the following sections: Editorial – Michael Terceiro; Competition Law and Market Regulation: “Misuse of Market Power: Improving the Australian SLC Model” – Brent Fisse; and Banking and Finance: “A Modern Approach to Regulation: Integrating Law, System Architecture and Blockchain Technology in Australia” – Marcus Smith.
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 Australian Business Law Review includes the following articles: “The Mandatory Repair Scheme for Motor Vehicles 2019: Australia’s First Response to the International Right to Repair Movement?” – Leanne Wiseman, Kanchana Kariyawasam and Lucas Davey; “Working for the Brand: The Regulation of Employment in Franchise Systems in Australia” – Tess Hardy; “Fair Work Bargaining for Police: A Proposal for Reform” – Giuseppe Carabetta; and “Are the “Efficiently, Honestly and Fairly” and Unconscionable Conduct Civil Penalty Provisions Equally as Effective in Combating Unfair Practices By Licensees?” – Jessica Zarkovic. Also in this Part are the following sections: Editorial by Michael Terceiro; Competition Law and Market Regulation: “Natural Meaning Equals Natural Monopoly: New Declaration Criteria for Access to Services under the Competition and Consumer Act” – Michael Gvozdenovic; and Company Law and Securities: “ASIC v King – The High Court Clarifies Who Is an “Officer” of a Corporation” – Jennifer Chambers, Michael Legg and Lindsay Stankovic.
The latest Part of the Australian Business Law Review includes the following articles: “The “Safe Harbour” Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views” – Ian Ramsay and Stacey Steele; “To Bar Order, or Not to Bar Order: Facilitating Settlement in Australian Anti-Cartel Class Actions” – Bethany Moore; “Reforming Private Whistleblower Protections – What Next in Australia?” – David A Chaikin; and “Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities Between 2004 and 2018” – Tony Ciro and Bülend Terzioglu. Also in this Part are the following sections: Editorial by Michael Terceiro; Consumer Protection: “Making Liars of Us All!” – Ian Tonking SC; and Commercial Litigation: “In-house Counsel, the Requirement of Independence and Legal Professional Privilege – Martin v Norton Rose Fulbright Australia (No 2)  FCA 96” – Michael Legg.
The latest Part of the Australian Business Law Review includes the following articles: “Finding the Balance between Profit and Purpose: Should Australia Create a Legal Structure for Social Enterprise?” – Alice Klettner; “Sponsor Pressure to Discipline Employees Who Have Expressed Unwelcome Views and Reform of the Business Torts in Australia” – Anthony Gray; “Proof of Collusion: The Evidentiary Options When There Is No “Smoking Gun”” – Genevieve Rahman and Tina Sun; and “”Fair in All the Circumstances”: AFCA’s Discretion to Resolve Disputes” – Nick Beaumont SC. Also in this Part are the following sections: Editorial by Michael Terceiro; and Franchising and Small Business: “Australia’s Franchising Code of Conduct Review – a Continuation Down the Path of Jamming a Square Peg into a Round Hole?” – Jenny Buchan.
The latest Part of the Australian Business Law Review includes the following articles: “‘Why Not Litigate?’ – The Royal Commission, ASIC and the Future of the Enforcement Pyramid” – Michael Legg and Stephen Speirs; “The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed ‘Unwelcome’ Religious Views” – Anthony Gray; “Online Auctions and Consumer Protection in the United Kingdom and Australia: The Value of Transparency” – Jodi Gardner and Kanchana Kariyawasam; and “The Legal Implications of E-commerce for the Australian Franchise Sector” – Zhanna Kremez, Kanchana Kariyawasam and Lorelle Frazer. Also in this Part are the following sections: Consumer Protection: “Penalising the Inclusion of Unfair Terms in Standard Form Small Business Contracts – A Critical Analysis” – Mark Lewis; Industrial and Workplace Relations Law: “Small Business and Unfair Dismissal: A Review of the Australian Small Business and Family Enterprise Ombudsman’s Proposed Reforms” – Victoria Lambropoulos; and Book Review: “The Legitimacy and Responsiveness of Industry Rule-making”, by Karen Lee – Reviewed by Rob Nicholls.
The latest Part of the Australian Business Law Review includes the following articles: “Utmost Good Faith and Accountability in the Spotlight of the Banking Royal Commission – Time to Revisit the Scope, Applicability and Enforcement of the Duty” – Julie-Anne Tarr, Jeanette Van Akkeren, Amanda-Jane George and Sue Taylor; “Blowing the Whistle: A Critical Analysis of the Treasury Laws Amendment (Enhancing Whistleblowing Protections) Act (Cth) 2019” – David A Chaikin; “A Game-changer or a Routine Drill? Cooperation in the Indo-Pacific Securities Markets” – Sonia Khosa; and “The ‘National Interest’ and Australian Agriculture” – Leopold Oscar Bailey. Also in this Part is this section: Competition Law and Market Regulation: “Australian Competition and Consumer Commission v Pacific National Pty Ltd (No 2)  FCA 669: Access Undertaking Derails ACCC Case Under S 50” – Brent Fisse.
The latest Part of the Australian Business Law Review includes an Editorial by Michael Terceiro. It also contains the following articles: “Selling Printed Goods or Facilitating Printing Gigs: The Redbubble Puzzle” – David J Brennan; “The 2018 Review of the Franchising Code of Conduct: Epicentre of a Year of Scrutiny for Australian Franchising” – Jenny Buchan; “Confessions of an Earnest Regulator” – Michael T Schaper; and the following sections: Competition Law and Market Regulation: “Harper Report Implementation Breakdown: Repeal of Section 51(3) of Competition and Consumer Act 2010 (Cth) and Lack of Proposed Supply/Acquisition Agreement Cartel Exception” – Brent Fisse; and Commercial Litigation: “The Privileges against Self-incrimination and Self-exposure to Penalties in Commercial Litigation: Sadie Ville v Deloitte” – Michael Legg and Stephanie Crosbie.
The latest Part of the Australian Business Law Review includes an Editorial by Michael Terceiro. It also contains the following articles: “Cartel Conduct or Permissible Joint Venture?” – Ian Wylie; “The Origins and Evolution of the Statutory Duties of Trade Union Officers” – Ian Ramsay and Miranda Webster; “Chains, Coins and Contract Law: The Validity and Enforceability of Smart Contracts” – Buwaneka Arachchi; the following section: Competition Law and Market Regulation: “Should Penalties Under the Competition and Consumer Act Be Increased?” – Luke Woodward (edited by Brent Fisse); and guidelines for submitting ABLR book reviews.
Thomson Reuters is very pleased to welcome Michael Terceiro to his new role as General Editor of the Australian Business Law Review (ABLR), taking over from the late Professor Robert “Bob” Baxt, who was the Founding Editor of the Journal. Michael is a competition and consumer lawyer who has run his own legal practice Terceiro Legal Consulting for over 10 years. Michael is also the Deputy Chair of Small and Medium Enterprise Committee (SME Committee) of the Law Council of Australia and the Deputy Chair of the Mortgage and Finance Association of Australia (MFAA) Disciplinary Tribunal.