Company and Securities Law Journal update: Vol 36 Pt 2
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Duties to Respect Human Rights in Offshore Operations and Supply Chains: An Emerging Paradigm” – Riana Cermak; and “Consumer Protection and Life Insurance Claims” – Andrew J Serpell. This issue also includes the following sections: Editorial; Corporate Insolvency – Helen Anderson: “Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?” – Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh; and New Zealand – Gordon R Walker: “McIntosh v Fisk [2017] NZSC 78: New Zealand’s Largest Ponzi Scheme and the Liquidator’s Clawback Powers: The Supreme Court Decision” – Trish Keeper.
Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 2
The latest Part of the Journal of Banking and Finance Law and Practice includes the tribute: “Professor Robert (Bob) Baxt AO” – Ruth Baxt; and the following articles: “Australian Regulation of Blockchain and Distributed Ledger Technology in Banking and Finance” – Annabelle Simpson; “Disclosures and Reporting of Financial Derivatives: Evidence from Australia’s S&P/ ASX 50 Listed Firms” – Tony Ciro and Bulend Terzioglu; “Voluntary Arrangements and the “Clean Slate” Mess” – Paulina Fishman; and “Deposit Insurance: Friend or Foe?” – Crosby Radburn. Also in this Part are the following sections: Commercial and Financial Law; Insolvency Law and Management; and New Zealand.
Company and Securities Law Journal update: Vol 36 Pt 1
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
Property Law Review update: Vol 6 Pt 3
The latest Part of the Property Law Review includes the following content: “Completing the painting: Legislative innovation and the ‘Australianness’ of Australian real property law” – Paul Babie; “Blockchains, trust and land administration: The return of historical provenance” – Lynden Griggs, Rod Thomas, Rouhshi Low and James Scheibner; “Verification of identity: As simple as it seems?” – Brett Harding; “Compulsory acquisition without compensation and the Nigerian Land Use Act” – Akintunde Otubu; New Zealand: “Unit titles and bodies corporate: Simple questions and difficult answers” – Thomas Gibbons; Queensland: “Enforcing obligations in development conditions against successors in title: Heaven’s door remains closed” – Sharon Christensen; South Australia: “A never-ending story: Torrens title in South Australia and the 2015-2016 Amendments to the Real Property Act 1886 (SA)” – Paul Babie; and Book Review.
Journal of Law and Medicine update: Vol 24 Pt 4
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Doctors Suing Patients: Wrestling with Doing No Harm” – Ian Freckelton QC; Legal Issues: “Supporting People with Decision-Making Impairments: Choice, Control and Consumer Transactions” – Yvette Maker, Bernadette McSherry, Lisa Brophy, Jeannie Marie Paterson and Anna Arstein-Kerslake; Medical Issues: “Novel Psychoactive Substances: The Challenges for Health Care, Analytical Science and the Law” – Victoria Bicknell, Dimitri Gerostamoulos and David Ranson; Bioethical Issues: “Taking the Moral Measure of Mental Capacity: Interpretation and Implementation” – Grant Gillett; and Medical Law Reporter: “Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting” – Madeleine Farrar and Thomas Faunce.
Also in this Part are the following articles: “Complementary Health Practitioners Disciplined for Misconduct in Australia 2010-2016” – Jenni Millbank, Miranda Kaye, Anita Stuhmcke, David Sibbritt, Isabel Karpin and Jon Wardle; “Professional Discipline of the New Zealand Nursing Residential Care Workforce: A Mixed Methods Analysis of HPDT Decisions 2004-2014” – Kate Kersey, Kate Diesfeld, Lois J Surgenor and Michael Ip; “The Legal System and the Legitimacy of Clinical Guidelines” – Fiona McDonald; “Wastewater Analysis of Substance Use: Implications for Law, Policy and Research” – Jeremy Prichard, Foon Yin Lai, Emma van Dyken, Phong Thai, Raimondo Bruno, Wayne Hall, Paul Kirkbride, Coral Gartner, Jake O’Brien and Jochen F Mueller; “Abortion Law in New South Wales: Shifting from Criminalisation to the Recognition of the Reproductive Rights of Women and Girls” – Christine Forster and Vedna Jivan; “Proprietary Rights in Stored Semen: ‘Roblin v Public Trustee’ and the Commonsense Approach to Stored Human Tissue of Significance” – Madeline Baker; “‘Treatment’ of Intersex Children as a Special Medical Procedure” – Skye O’Dwyer; “Life on the Liminal Bridge Spanning Fertility and Infertility: A Time to Dream and a Time to Decide” – Pamela M White; “Coercive Community Treatment in Mental Health: An Idea Whose Time Has Passed?” – Sascha Callaghan and Giles Newton-Howes; “Blood Libel: An Analysis of Blood Donation Policy As It Affects Gay Men in Australia” – Edward Davis; “Stigma, Homosexuality and the Homosexual Advance Defence” – Anthony Gray and Kerstin Braun; and “The Role of Legal Proxies in End-of-Life Decisions in Italy: A Comparison with Other Western European Countries” – Denard Veshi and Gerald Neitzke. There are also reviews of the books “Patients with Passports: Medical Tourism, Law and Ethics” by I Glenn Cohen – reviewed by Ian Freckelton QC; and “Stem Cell Tourism and the Political Economy of Hope” by Alan Petersen, Megan Munsie, Claire Tanner, Casimir MacGregor and Jane Brophy – reviewed by Ian Freckelton QC.
Journal of Banking and Finance Law and Practice Update: Special Issue (Part 2) – December 2016
This latest edition of the Journal of Banking and Finance Law and Practice (JBFLP) is the second and final part of a Special Issue focusing on “Finance Law: Global and Regional Challenges”, and is produced in collaboration with the BFSLA Academic Committee. This Part includes the following articles: “Reviewing the Citibank securitisation case: Did it really challenge the integrity of equity?” – Helen M Dervan; “Reforming insolvent trading to encourage restructuring: Safe harbour or sleepy hollows?” – Jason Harris; “Minimising the risk of shadow directorship: Advice for distressed debt investors” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Wealth Management; Hong Kong and China; New Zealand; and Singapore and Southeast Asia.
Property Law Review update: Vol 6 Pt 2
The latest Part of the Property Law Review includes the following content: “Licensee versus trespasser: Hill v Tupper resuscitated” – Oscar S Han; “Regulation and private property: The cautionary tale of Ukraine” – Paul Babie; Consumer Issues: “It’s a new day, it’s a new dawn, it’s a new life … : PEXA, electronic conveyancing, and consumers” – Lynden Griggs; Strata and Community Title: “Tragedy of the anticommons?” – Michael Kleinschmidt; New Zealand: “Are resource consents property? – Ongoing issues” – Thomas Gibbons; Singapore: “Recent developments: Resulting trusts, common intention constructive trusts, proprietary estoppel and equitable accounting” – Kelvin Low; Queensland: “Sharing your home in Queensland: Host, landlord or innkeeper?” – Sharon Christensen and WD Duncan; South Australia: “The meaning of ‘residential tenancy agreement’ in South Australia: Schaffer v Usca” – Paul Babie; Western Australia: “Recent developments: Boarders and lodgers; real estate agents code of conduct; priority between unregistered interests; the Oswal saga” – Eileen Webb.
Journal of Civil Litigation and Practice update: September 2016
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Three contemporary issues in civil litigation: Discovery, expert evidence, and alternative dispute resolution” – The Honourable Thomas Frederick Bathurst AC; “Civil justice: Haves, have-nots and what to do about them” – Justice Stephen Kós; and “Disaster & resilience: The Canterbury earthquakes and their legal aftermath” – Justice Stephen Kós. Also in this Part are the editorial Comments on “Experts and Opinion Evidence” – Damien J Cremean; and “A Question of Malice: United Kingdom Supreme Court Justices Split 5-4 in Willers v Joyce (Executors of Albert Gubay Deceased) [2016] UKSC 43” – Roderick Joyce.
Journal of Law and Medicine update: Vol 24 Pt 1
The latest Part of the Journal of Law and Medicine include a Guest Editorial: “Where to Now for Reform of Global Health Governance?” – Professor Belinda Bennett; and the following sections: Legal Issues: “Current Challenges for the Regulation of Chemical Restraint in Health Care Settings” – Bernadette McSherry and Juan José Tellez; Medical Issues: “Solitary Confinement: Going Down the Rabbit Hole” – Danny Sullivan and Adam Deacon; Complementary Health Issues: “The Need to Develop a Regulatory Body for the Practice of Al-Hijama” – John F Mayberry; and Medical Law Reporter: “Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers” – Caitlin Yazidjoglou and Thomas Faunce.
Also in this Part are the following articles: “Parents’ Opposition to Potentially Life-saving Treatment for Minors: Learning from the Oshin Kiszko Litigation” – Ian Freckelton QC; “The Legal Vacuum Surrounding Access to Gene-based Research Materials and Data” – Jane Nielsen and Dianne Nico; “Disclosure of Individual Research Results and Incidental Findings in Biobank Research: Why We Need an Evidence-based Approach” – Jennifer Fleming, Margaret Otlowski, Cameron Stewart, Christine Critchley and Ian Kerridge; “Open Access DNA, RNA and Amino Acid Sequences: The Consequences and Solutions for the International Regulation of Access and Benefit Sharing” – Charles Lawson and Michelle Rourke; “Access to Experimental Treatments: Comparative Analysis of Three Special Access Regimes” – Barbara von Tigerstrom and Emily Harris; “Regulation of Non-consensual Genetic Testing in Australia: Use of Samples from Deceased Persons” – Rebekah E McWhirter and Margaret Otlowski; “Translating Knowledge from Research to Outcomes: Pharmacogenomics in the Treatment of HIV/AIDS” – Jayne E Hewitt; “Some Legal Issues Regarding the Patenting of Human Genetic Materials” – Peter MacFarlane and Betty Kontoleon; “Non-invasive Prenatal Testing: The Problem with ‘Fast Cars'”– Jeanne Snelling, Nikki Kerruish and Jessie Lenagh-Glue; “Medical Abortion in Australia: What Are the Clinical and Legal Risks? Is Medical Abortion Over-regulated?” – Anne O’Rourke, Suzanne Belton and Ea Mulligan; “New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Decisions 2004-2014” – Lois J Surgenor, Kate Diesfeld, Michael Ip and Kate Kersey; and “Cloak and Dagger? Statutory Privilege for Quality Activities in New Zealand” – Meenal Duggal. There is also a review of the book “Health Law in New Zealand” by Peter Skegg and Ron Paterson (eds) – reviewed by Ian Freckelton QC.
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Public Law Review update: Vol 28 Pt 1
The latest Part of the Public Law Review includes the following content: Comments: “The ‘Rule’ Against Subdelegation of Legislative Power: Is it as Relevant in the 21st Century as it was in the 20th?” – Stephen Argument; “Reverse Onus Provisions and Statements of Compatibility in the Courtroom” – Jeremy Gans; “The Statutory Implication of Reasonableness and the Scope of Wednesbury Unreasonableness” – Justice Chris Maxwell; Speech: “The Increasing Internationalisation of Australian Law – Justin Gleeson SC; and the following Articles: “Deliberation at the Founding: Deliberative Democracy as an Original Constitutional Value” – Ron Levy, Neomal Silva and Benjamin B Saunders; “Is the Crown Expected to be a Model Litigant in New Zealand?” – Anthea Williams; and Developments.