Recent Publications

Journal of Banking and Finance Law and Practice update: July 2016

By Journal Alerts on July 28, 2016

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Fallout from the global financial crisis: Credit rating agencies in the frame” – Tony Ciro; and “Pulling back the shades: Demystifying vulture funds” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Securities and Mortgages; Wealth Management; Recent Publications; United Kingdom and Europe; Singapore and South East Asia; and an Editorial note marking changes to the Editorial Board.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged "safe harbour" scheme, AAA rating, ABN AMRO Bank NV v Bathurst Regional Council, access to SMSF funds, Adam Watterson, Andrew Booth, Angela Flannery, Banking Law and Banking Practice, bitcoin, Case C-362/14 Maximillian Schrems v Data Protection Commissioner, Cassegrain v Gerard Cassegrain & Co Pty Ltd, collaterised debt obligations (CDOs), Commercial and finance law, Court of Justice of the European Union, credit rating agencies, Deputy Commissioner of Taxation (Superannuation) v Ryan, distressed debt markets, Dr Alan L Tyree, Dr Lisa Butler Beatty, Dr Matteo Solinas, enforceable undertaking to rectify, estoppel by convention, Facebook, financial derivatives, foreign insolvency proceedings, George 218 Pty Ltd v Bank of Queensland Ltd, Gregory Burton SC, Heather Gray, Hon Arthur Emmett AO QC, Indefeasibility of title, Insolvency, JBFLP, John Jarvis QC, John Sheahan QC, Julie Reynolds, Kala Anandarajah, Kallun Willock, mandatory central clearing, Manoraj Karthigeyan, Mark Cheng, Michael Green, Note from the Editor, OTC derivatives, Patrick Lowden, Paul Rogerson, processing of personal data, Recent Publications, recognition of foreign liquidators, Securities and mortgages, security documentation, Sheila Rasanen, Sim Kwan Kiat, Singapore and South East Asia, Singapore insolvency law, SMSF compliance, SMSF rectification, Sonia Goumenis, Stuart Dutson, Tony Ciro, types of fraud, United Kingdom and Europe, vulture funds, Wealth Management | Leave a response

Journal of Banking and Finance Law and Practice update: April 2016

By Journal Alerts on April 21, 2016

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The threshold requirements of the PPSA: Does s 12 require an interest in rem in order to create a security interest?” – Cheyne James Clarke; “Bank levies in Australia: Lessons from Europe” – Mary Dowell-Jones and Ross P Buckley; “Enforcement of financial crime laws in Nigeria: The role of Economic and Financial Crime Commission” – Uwem Emmanuel Udok; and “Dynamics of firm-level financial inclusion: Empirical evidence from an emerging economy” – Sudipta Bose, Asit Bhattacharyya and Shajul Islam. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Recent Publications; Hong Kong and China; New Zealand; Book reviews; and an Editorial note marking changes to the Editorial Board.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Adam Jackson, Adrian Fong, Angela Flannery, Asit Bhattacharyya, Associate Professor Shelley Griffiths, Authorised Depository Institution (ADI), Bangladeshi banks, bank levy, bank malpractice, Banking and Financial Services Law Association, Book reviews, Caisse Populaire Desjardins de l'Est de Drummond v Canada (2009) 309 DLR (4th) 323, Cheyne James Clarke, Crantrave Ltd (in liq) v Lloyds Bank Plc [2000] 3 WLR 877, David Craig, deposit insurance, Dermot Ross, disclaimers, Dr Alan L Tyree, Dr Ann Wardrop, Dr Bill Gough, Editorial note, Elisabeth Wentworth, exemptions, financial inclusion disclosure practice, financial market licensing, Financial Markets Conduct Act 2013 (NZ), financial stability, financial system inquiry, Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52, Gerard Breen, Gregory Burton SC, Guy Lethbridge, Hong Kong and China, Insolvency, Insolvency law and management, interest in personal property, investment intermediaries' client agreements, ipso facto clauses, James Murray, Jason Harris, JBFLP, Jeremy Webb, John Melluish, John Sheahan QC, Julie Reynolds, Liggett (B) Liverpool Ltd v Barclays Bank Ltd [1928] 1 KB 48, Lindsay Powers, Mary Dowell-Jones, New Zealand, Nigerian financial crime laws, Personal Property Securities Act 2009 (Cth) (PPSA), Popal v Accounts Control Management Services Pty Ltd [2010] VSC 412, PPS leases, Professor John Stumbles, Professor Sheelagh McCracken, Recent Publications, right in rem, risky financial products, Ross P Buckley, Ross Pennington, s 12 of the PPSA, s 301 of the Bankruptcy Act 1966 (Cth), Securities and mortgages, Securities Markets Act 1988 (NZ), Shajul Islam, ShareMart, Sheila Rasanen, Stephen Edwards, Sudipta Bose, Swotbooks.com Ltd v Royal Bank of Scotland Plc [2011] EWHC 2025 (QB), unauthorised payment, Unlisted, Uwem Emmanuel Udok | Leave a response

Journal of Banking and Finance Law and Practice update: December 2015

By Journal Alerts on February 21, 2016

This Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The long-run efficiency gains in public-to-private transfers – new evidence from earnings announcements” – Paul Docherty and Steve Easton; “Twin peaks – the legal and regulatory anatomy of Australia’s system of financial regulation” – Andrew Godwin and Ian Ramsay; “Debt for equity swaps and corporate restructuring under s 444GA of the Corporations Act” – Ryan J Turner; and “Surcharging for payment: Payment systems regulation and the constitution of a new economic norm” – Ann Wardrop.
Also in this Part are the following sections: Securities and Mortgages; Wealth Management; Recent Publications; United Kingdom and Europe; as well as a Forum piece by Alan O’Sullivan, which provides a practitioner’s market-based perspective to complement the article by Docherty and Easton in this Part.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged “Twin Peaks” system, accrued benefits, Alan O'Sullivan, Andrew Godwin, Angela Flannery, Ann Wardrop, Beck v Colonial Staff Super Pty Ltd [2015] NSWSC 723, breach of contract, corporate restructuring, David Flack, debt for equity swaps, Dr Bill Gough, Dr Lisa Butler Beatty, Dr Stuart Dutson, Dr WJ Gough, earnings announcements, efficiency gains, English High Court Financial List judges, financial regulation, Forum, fraud mitigation, Ian Ramsay, Jason Harris, JBFLP, John Jarvis QC, Julie Reynolds, Kallun Willock, Laura Feldman, Lesa Bransgrove, Matthew Bransgrove, Michael Green, Mirabela Nickel Ltd, misleading and deceptive conduct, Nexus Energy Ltd, Pamela McAlister, Paul Docherty, Pioneer Mortgage Services Pty Ltd v Columbus Capital Pty Ltd [2015 FCA 1067, privatisation, public-to-private transfers, Recent Publications, Ryan J Turner, s 444GA of the Corporations Act 2001 (Cth), Securities and mortgages, shareholder rights, Sheila Rasanen, Steve Easton, surcharge regulation, surcharging for payment, United Kingdom and Europe, Wealth Management | Leave a response

Journal of Banking and Finance Law and Practice update: June 2015

By journals team on June 9, 2015

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Agricultural security interests under the PPSA” – Matthew Broderick and Nick Humzy-Hancock; and “It might be yours there but it’s not down here: Issues arising under the PPSA in cross-border transactions” – Stephanie Derrington. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Wealth Management; Insolvency Law and Management; Recent Publications; Tokyo; United Kingdom and Europe; and Canada.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged agricultural security interests, bank fees class action, Banking Law and Banking Practice, Canada, Commercial and finance law, commercial trust cases, cross-border transactions, express trust, guarantee of prior debts, Insolvency law and management, JBFLP, Korda v Australian Executor Trustees, Matthew Broderick, Nick Humzy-Hancock, PPSA, Recent Publications, solicitor-client relationship, Stephanie Derrington, Tokyo, United Kingdom and Europe, voidable transactions claims, Wealth Management | Leave a response

Journal of Banking and Finance Law and Practice update: March 2015

By journals team on March 24, 2015

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Responding to bank failure: Evaluating open bank resolution in New Zealand” – Jordan Boyd; “Bank custodians and systemic risk in the Australian superannuation system” – M Scott Donald and Rob Nicholls; and “The adjudication of Shari’ah issues in Islamic finance contracts: Guidance from Malaysia” – Tun Abdul Hamid Mohamad and Adnan Trakic. Also in this Part are the following sections: Banking Law and Banking Practice; Wealth Management; and Recent Publications.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Adnan Trakic, bank custodians, bank failure, Banking Law and Banking Practice, Code of Banking Practice, Islamic finance contracts, JBFLP, Jordan Boyd, Lavin v Toppi, M Scott Donald, open bank resolution policy, Recent Publications, Rob Nicholls, superannuation system, systemic risk, Tun Abdul Hamid Mohamad, Wealth Management | Leave a response

Journal of Banking and Finance Law and Practice update: December 2014

By journals team on December 17, 2014

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Applicable law in letters of credit transactions” – Hang Yen Low and Keith Uff; “Why the Australian finance industry should pay closer attention to chattel paper” – Nicholas Mirzai and Paul Richter; and “Pacific injustice and instability: Bank account closures of Australian money transfer operators” – Ken C Ooi and Ross P Buckley. Also in this Part are the following sections: Banking Law and Banking Practice; Tax and Stamp Duty; Commercial and Finance Law; Insolvency Law and Management; Recent Publications; Tokyo; and Canada. There is also a Q&A with the General Editor of JBFLP Gregory Burton SC about the 25th anniversary of the Journal and a Forum response about Australian policymakers and crowdfunding.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged applicable law, Banking Law and Banking Practice, Canada, chattel paper, Commercial and finance law, cross-border insolvency, crowdfunding, economic development, employee theft, finance industry, Gregory Burton SC, Hang Yen Low, Insolvency law and management, JBFLP, Keith Uff, Ken C Ooi, Lend Lease, letter of credit transactions, money transfer operators, Nicholas Mirzai, Paul Richter, PPSA, Recent Publications, remittances, Ross P Buckley, secret commissions, Tax and Stamp Duty, Tokyo | Leave a response

Journal of Banking and Finance Law and Practice update: September 2014

By journals team on September 15, 2014

The latest Part of the Journal of Banking and Finance Law and Practice publishes the following articles: “Factors that affect corporate governance practices in Saudi Arabian listed banks” – Ashraf Al-Sahafi, Marcus Rodrigs and Lisa Barnes and “Illegality as a ground for withholding payment in documentary credit transactions” – Hang Yen Low. Also in this Part are the following sections: Banking Law and Banking Practice; Commerical and Finance Law; Insolvency Law and Management; Recent Publications; Canada; New Zealand; and a Book Review.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Ashraf Al-Sahafi, Banking Law and Banking Practice, book review, Canada, Commerical and Finance Law, corporate governance, Corporate Governance Regulations, Hang Yen Low, illegality, Insolvency law and management, JBFLP, Lisa Barnes, listed banks, Marcus Rodrigs, New Zealand, Recent Publications, Saudi Arabia, withholding payment | Leave a response

Journal of Banking and Finance Law and Practice update: June 2014

By journals team on May 30, 2014

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,

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Ayowande A McCunn, bailout, Banking Law and Banking Practice, banks, credit rationing, crowdsourcing, equity funding, High Court, Highbury Pension Fund Management Co v Zirfin Investments Management Ltd [2013] EWCA Civ 1283, Hon WMC Gummow AC, Insolvency, Jason Zein, JBFLP, JGH Stumbles, marshalling, National Crime Agency v Szepietowski [2013] 3 WLR 1250, performance bonds, Personal Property Securities Act 2009 (Cth), Recent Publications, Securities and mortgages, security interests | Leave a response

Journal of Banking and Finance Law and Practice update: March 2014

By journals team on March 27, 2014

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.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Aditi Patanjali, Banking Law and Banking Practice, Benjamin Liu, China, Code of Banking Practice 2013, derivatives regulation, disclaimed leases, fees, financial inclusion, financial products, India, Insolvency law and management, JBFLP, Mark Hsiao, New Zealand, no-action clause, penalties, Recent Publications, Steigrad v Bridgecorp, Tokyo, trust | Leave a response

Journal of Banking and Finance Law and Practice update: December 2013

By journals team on December 20, 2013

The latest part of JBFLP includes the following articles: “Tracing value and the value of tracing: Three puzzles for the banking lawyer” – Christopher Hare; “The legal status of online currencies: Are Bitcoins the future?” – Rhys Bollen; “Crowdfunding: Recent international developments and its compatibility with Australia’s existing regulatory framework” – Matthew Vitale. There are also several section notes in this Part, including Recent Publications, Securities and Mortgages and Financial Markets.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged banking lawyer, bitcoins, Christopher Hare, crowdfunding, Financial Markets, Hong Kong and China, Insolvency law and management, JBFLP, Matthew Vitale, online currencies, Recent Publications, Rhys Bollen, Securities and mortgages, tracing value, United Kingdom and Europe | Leave a response

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