The latest Part of the Company and Securities Law Journal includes the following articles: “Litigation Funding and Liquidators – The New Zealand Court of Appeal Takes a Permissive Approach” – Victoria Stace; “Who Bears the Burden for Business Losses: To What Extent Are Liability Issues of Business Structures Taught in Australian Accounting Degrees?” – Dale Boccabella and Dr Brett Freudenberg; “Whistleblowing Reforms: A Critical Analysis of the Current Law and the New “Bells and Whistles” Proposed” – Jim Apollo Mathiopoulos, Katrina Hogan and Jean Jacques du Plessis; Corporate Insolvency – Helen Anderson: “No “Silver Bullet”: A Multifaceted Approach to Curbing Harmful Phoenix Activity” – by Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh.
The latest Part of the Company and Securities Law Journal includes the following articles: “Keeping Good Company in the Transition to a Low Carbon Economy? An Evaluation of Climate Risk Disclosure Practices in Australia” – Anita Foerster, Jacqueline Peel, Hari Osofsky and Brett McDonnell; “Illegal Phoenix Activity: Is a ‘Phoenix Prohibition’ the Solution?” – Helen Anderson, Jasper Hedges, Ian Ramsay and Michelle Welsh; Corporate Governance and Corporate Social Responsibility – Jean du Plessis: “Recent Developments in Corporate Liability for Insider Trading: ASIC v Hochtief AG” – Juliette Overland.
The latest Part of the Company and Securities Law Journal includes the following articles: “War on two fronts: Harmonising the public and private enforcement of Australia’s corporate disclosure laws” – Nicholas Bentley; “Managed investment schemes: Liability of directors of responsible entities where the responsible entity breaches the law” – Dr Rosemary Teele Langford. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “An analysis of shareholder resolutions involving Australian listed companies from 2004 to 2013” – Hui Xian Chia and Ian Ramsay; Corporate Insolvency – Helen Anderson: “ASIC, Phoenix activity and the view from the outside” – Helen Anderson, Ian Ramsay and Michelle Welsh; Corporate Governance, Corporate Responsibility and Law – Jean du Plessis: “Independent director requirements in Australia and the Asian region” – Luke Nottage and Fady Aoun.
The latest Part of the Insolvency Law Journal includes the following articles: “An empirical study of Australian judicial decisions relating to insolvency practitioner remuneration” – Stacey Steele, Vivien Chen and Ian Ramsay; and “Receivers and employees: An analysis of receivership and its effects on employee contracts and entitlements” – Lewis Gentry and Christopher Symes; and the following section notes: Recent Developments: “At the coalface of corporate insolvency and Phoenix activity: A Survey of ARITA and AICM Members” – Helen Anderson, Jasper Hedges, Ian Ramsay and Michelle Welsh; “Personal and corporate insolvency doing the same thing for the business end of town: why so complicated?” – David Morrison; and Report from New Zealand: “Insolvency practitioners in the spotlight” – Lynne Taylor.
The latest Part of the Insolvency Law Journal includes the following articles: “Illegal phoenix activity: Quantifying its incidence and cost” – Helen Anderson, Ian Ramsay and Michelle Welsh; “Unfair preferences: Putting an end to the peak indebtedness ‘rule’” – Stephen Russell and Sean Russell; and “The Australian Taxation Office – what role does it play in anti-phoenix activity?” – Colin Anderson, Jennifer Dickfos and Catherine Brown. It also contains and Editorial and the following section notes: Recent Developments: “The appointment of voluntary administrators, their conduct, and aspects of insolvency” – Dr David Morrison; Report from New Zealand: “Voidable transactions: recent developments” – Lynne Taylor; and a Book Review: “Cross-border Insolvency Law” – Stewart Maiden.
The latest Part of the Australian Business Law Review includes the following articles: “No more Mr Nice Guy: The implied duty to cooperate and remedying another party’s mistaken breach” – Matthew Lees; “Corporate law reform in Australia: An analysis of the influence of ownership structures and corporate failure” – Vivien Chen, Ian Ramsay and Michelle Welsh; and “Section 92 of the Australian Constitution: The next phase” – Anthony Gray. Also in this Part are the following sections: Contracts and Restitution: “High Court declines to clarify the Codelfa ‘ambiguity principle'” – Troy Keily; and Privacy: “Private life in a digital world” by Margaret Jackson and Gordon Hughes – book review by Lauren Anderson.
The latest Part of the Company and Securities Law Journal includes the following content: “Equity crowdfunding in Australia: A regulatory balancing act” – Tim Ancev; “Commercial litigation under the Personal Property Securities Act 2009 (Cth): Part I” – Matthew Broderick, Dr David Morrison and Emma Ramage; “Section 1322 as a response to the complexity of the Corporations Act 2001 (Cth)” – Hui Xian Chia and Ian Ramsay; “Aspects of the law relating to contested elections of directors” – Rodd Levy; “Is a charitable donation by an insolvent company an uncommercial transaction under s 588FB of the Corporations Act 2001 (Cth)?” – Peter Sise; Corporate Insolvency: “The productivity commission, corporate insolvency and phoenix companies” – Helen Anderson, Ann O’Connell, Ian Ramsay, Michelle Welsh and Hannah Withers
The latest Part of the Company and Securities Law Journal includes the following articles: “Balancing ethics and risk: Changes to ASX Corporate Governance Principles 3 and 7” – Josephine Coffey; “The value of board gender diversity vis-à-vis the role of the board in the modern company” – Akshaya Kamalnath; and “Costs in statutory derivative actions: The lingering ghost of Wallersteiner” – Albert Monichino QC. Also in this Part is a Shareholders’ Remedies section about the division of power between the board and the general meeting and a Corporate Insolvency section about profiling phoenix activity.
The latest Part of the Company and Securities Law Journal includes the following articles: “From “if not, why not?” to “if not, NOT!” – Regulatory reform of the debenture sector” – Eve Brown; “A securities market operator’s use of the “please explain” price query and its impact on compliance” – Larelle Chapple, Thu Phuong Truong and Michelle Welsh; and “Raising levels of awareness of rights and obligations in the provision of financial product advice to retail clients” – Stephen Corones and Kym Irving. Also in this Part are two Overseas Notes, one about New Zealand and the other about Hong Kong, Singapore and Malaysia.
The September 2012 issue of the Company and Securities Law Journal includes an article by Gill North considering the provisions that prohibit misleading or deceptive conduct, with a particular focus on company disclosure matters, and an article by Helen Anderson, Michelle Welsh, Ian Ramsay and Peter Gahan which utilises leximetric analysis, which involves the numerical coding of the strength of legal protections, to show changes in levels of shareholder and creditor protection in Australia for the period 1970 to 2010. There is also a Securities Industry and Managed Investments section note which looks at statutory novation of contracts.