Australian Business Law Review update: Vol 48 Pt 6
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
Australian Business Law Review update: Vol 48 Pt 5
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.
Australian Business Law Review update: Vol 48 Pt 4
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.
Australian Business Law Review update: Vol 48 Pt 3
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.
Australian Business Law Review update: Vol 48 Pt 1
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) [2019] FCA 96” – Michael Legg.
Australian Business Law Review update: Vol 47 Pt 5
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.
Australian Business Law Review update: Vol 47 Pt 4
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.
Australian Business Law Review update: Vol 47 Pt 3
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) [2019] FCA 669: Access Undertaking Derails ACCC Case Under S 50” – Brent Fisse.
Australian Business Law Review update: Vol 47 Pt 2
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.
Australian Business Law Review update: Vol 47 Pt 1
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.
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