The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “The Future of Clearing and Settlement in Australia: Part I – The Current System” – Christian Chamorro-Courtland; “A Civil Law Solution to the Social Licence to Operate and Directors’ Duties Conundrum in Australia” – Julia Dreosti, Bimaya De Silva and Katie Walsh; and “Is There Underenforcement of Corporate Criminal Law? An Analysis of Prosecutions under the ASIC Act and Corporations Act: 2009–2018” – George Gilligan and Ian Ramsay.
“Our critics on both sides of politics claim the use of the phrase ‘class war’ is anachronistic, but in the face of growing inequality and the push for corporate dominance, the reality is a class war is being waged on ordinary people. One that it is our responsibility to respond to.” With this clarion call, ...more
The latest Part of The Queensland Lawyer includes the following content: “Public Roads in Queensland: Where Statute and the Common Law Intersect – Part 1” – Chris Boge; and the following Sections: Commercial Law: “The Liability of an Insurer to Indemnify a Builder for Defective Workmanship: Bigby v Kondra  QSC 37” – Dr Clive Turner; Conveyancing and Property Law: “A Trip to the Beach: A Matter of Right or Trespass?” – Chris Boge; Criminal Law: “Murder by Negligence – a Hard Case Makes Bad Law?” – Andrew M West; Industrial Law: “Towards a Harmonised Approach to Penalties: Williamson v VH & MG Imports Pty Ltd (2017) 264 IR 103;  QDC 56” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Gabeen Services Pty Ltd v Neverfail Bottled Water Co Pty Ltd  QDC 212.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Penalties and the Question of Breach” – Anthony Gray; and “Overseas Buybacks on the ASX: Disclosure Requirements and Signalling Impact” – Mark Holub and Jason Mitchell. Also in this Part are the following sections: Competition Law and Market Regulation: “The High Court Decision in ACCC v Flight Centre – Crash Landings Ahead?” – Brent Fisse; and New Zealand Newsletter: “Are Gains to Foreign Owners “Public Benefits” in Authorisation Proceedings under the Commerce Act 1986?” – Rex Ahdar.
The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It features the following articles: “Anti-Semitism, Hate Speech and Pt IIA of the Racial Discrimination Act” – Ronald Sackville AO QC; “Liquidator Remuneration, Creditor Dividends and the Public Interest: Recent NSW Supreme Court Decisions and the Continuing Need for Reform” – A Keith Thompson; “Should Lower Court Judges Bind Magistrates and Tribunals?” – Oliver Jones. This Part also includes the following sections: Conveyancing and Property; Corporations and Securities; Recent Cases, Book Reviews and Obituary.
The latest Part of the Company and Securities Law Journal includes the following articles: “Deterring corporate wrongdoing: Penalties, financial services misconduct and the Corporations Act 2001 (Cth)” – Helen Bird and George Gilligan; “The adequacy of ASIC’s “tool kit” to meet its obligations under corporations and financial services legislation” – Vicky Comino; “The Australian Sports Commission’s “Governance Reform in Sport” discussion paper and voting rules in corporate constitutions” – Robert D Macdonald and Ian Ramsay. This issue also includes the following sections: Directors’ Duties – Rosemary Teele Langford: “Should the statutory business judgment rule apply to directors’ compliance decisions?” – Tim Connor.
The latest Part of the Australian Business Law Review includes the following articles: “The evolution of the ‘substantial lessening of competition’ test – a review of case law” – Peter Armitage; “Do workplace policies form part of employment contracts? A working guide and advice for employers” – Mark Giancaspro; “Unravelling the muddles of summary dismissal under contracts of employment” – Victoria Lambropoulos; and “Research collaborations and ‘authorship’: Differentiating legal from management norms” – Elizabeth Adeney. Also in this Part is the following section: Banking and Finance: “Bankruptcy, social security and long term poverty: results from a survey of financial counsellors and consumer solicitors” – Paul Ali, Lucinda O’Brien and Ian Ramsay.
The first Part of Vol 25 of JBFLP includes the following articles: “No-action clause in bond trust” – Benjamin Liu; “Over-the-counter derivatives regulation in China: How far across the river?” – Mark Hsiao; and “Road map for financial inclusion in India” – Aditi Patanjali. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Recent Publications; Tokyo; New Zealand.
The last Part for 2013 of the Australian Business Law Review includes four interesting articles. The first article is by Richard Manly SC and discusses the High Court’s reconsideration of the penalty doctrine. The second article comes from Rosemary Teele Langford who looks at the distinction between the duty of care and the duties to act bona fide in the interests of the company and for proper purposes. The third article, by The Hon J D Heydon, sets out the background to litigation in the Federal Court of Australia in which penalties are sought for contravention of the Competition and Consumer Act 2010 (Cth). The final article is by Rasiah Gengatharen and examines the acquisition of pre-encumbered personal property in the ordinary course of the seller’s business.
The latest Part of the Building and Construction Law Journal includes an article by David Levin QC about proportionate liability in commercial arbitrations in Australia, an article by Patrick Easton about the Andrews litigation and its relation to penalties from breach of contract, and an article by Jeremy Coggins about breaches of natural justice in alternative dispute resolution of construction disputes. Also in this Part are Reports on the following cases: TX Australia Pty Ltd v Broadcast Australia Pty Ltd and Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2). Not to be missed!