Personal Property Securities Act 2009 (Cth)
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Implementing Competition Law in Developing Countries: Barriers to Success and the Role of Technical Assistance” – Kate James; “The Reasonableness of Restraints: An Analysis of the Enforcement of Post-Employment Restraints” – Ian Neil SC and Nicholas Saady; “Curing Defective Registrations in the Personal Property Securities Register” – Andrew Berriman; and “How Should Directors Tackle Cyber Risks?” – James Duffy.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Collateral Undamaged: Conforming Financial Collateral Laws in a Global Marketplace” – Max Allan; “Microfinance in Australia: Is the Law Doing Enough to Address Financial Exclusion?” – Francisco Widjojo; “The BEAR Necessities: What Jurisdictional Considerations will Australia’s Version of the UK’s ‘Senior Managers and Certification Regime’ Need to Accommodate?” – Andrew Eastwood and James Emmerig; and “The Taxing Challenge of Digital Currency” – Joel Emery and Miranda Stewart. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Canada; Tokyo; and United Kingdom and Europe.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The Circulating Security Interest in Review: Architectures of Certainty, Flexibility and Control” – Alice Tranter Wilson; “Application of the Basel III Framework to Cash Deposits Held by APRA-regulated Superannuation Funds” – M Scott Donald; and “Enhancing Competition: Challenges for Australian Retail Banking” – Deborah Healey and Rob Nicholls. Also in this Part are the following sections: Banking Law and Banking Practice; Hong Kong and China; Singapore and South East Asia; and Tokyo.
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
The latest Part of the Insolvency Law Journal includes the following articles: “Turning to Chapter 11 to foster corporate rescue in Australia” – Ahmed Terzic; “Corporate rescue in the United Kingdom: Past, present and future reforms” – Paul J Omar and Jennifer Gant; and “Does CIP remuneration provide value for money?” – Jennifer Dickfos; and the following section notes: Recent Developments: “Maritime law and insolvency law: averting collisions?” – Scott Butler, Rosalind Mason and Michael Murray; “Forging or shaping the fundamentals around the PPSA in Australia?” – David Morrison; and Report from New Zealand: “Consumer repossession reform in New Zealand” – Sascha Mueller.
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 Journal of Banking and Finance Law and Practice includes the following articles: “Insolvencies, bailouts and resolutions: Dealing with banks when the music stops” – Ayowande A McCunn; “Filling the capital gap: The financing case for crowdsourced equity funding in Australia” – Jason Zein; and “Marshalling, the Personal Property Securities Act 2009 and third party securities: Highbury and Szepietowski – New applications of enduring principles” – Hon WMC Gummow AC and JGH Stumbles. Also in this Part is a Forum article: “Crowd sourced equity fundraising convergence, the public and the private” – Daren Armstrong and the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Recent Publications,
The latest Part of the Insolvency Law Journal includes the following articles: “Protecting the prepaying buyer of goods from the seller’s insolvency” – Dr Rasiah Gengatharen; “Vesting of personal property in insolvency under the PPSA” – Matthew Broderick and David Morrison; and the following sections: “Recent Developments: Treatment of costs of litigation in liquidation and bankruptcy” – Dr Oren Bigos; and “Report from New Zealand: Recent decisions under the Personal Property Securities Act 1999 (NZ)” – Lynne Taylor.
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 first Part of Volume 21 of the Insolvency Law Journal includes three interesting articles on different aspects of insolvency law. The first is by Amanda-Jayne Bull, who argues that distinctions remain relevant with regard to receivership and the PPSA. The second article comes from Brad Strahorn and looks at the nature of corporate insolvency practitioner liens. The final article is by Mark Wellard and analyses the inconsistent approaches taken by courts when interpreting provisions of the Corporations Act 2001 (Cth) which address debts or expenses “incurred” by receivers, administrators and liquidators. There is also a Recent Developments section and a Report from New Zealand.