Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
ALRC’s Financial Services Law Mapping Project
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
Company and Securities Law Journal update: Vol 38 Pt 2
The latest Part of the Company and Securities Law Journal includes the following articles: “A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China: Contributing Factors for Chinese Cross-border Listed Companies’ Continuous Disclosure Performance in Australia?” – Belle Qi Guo; “Charitable Companies and Related Party Transactions” – Rosemary Teele Langford; and “An Analysis of ASIC Enforcement against Auditors and Liquidators” – Ian Ramsay and Miranda Webster. This issue also includes the following sections: Editorial; and Takeovers and Public Securities: “Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge, Intent, Recklessness and Negligence in Breaches: A Discussion” – Michael J Duffy.
Company and Securities Law Journal update: Vol 37 Pt 6
The latest Part of the Company and Securities Law Journal includes the following articles: “Providing Financial Services “Efficiently, Honestly and Fairly”: Part 2″ – Paul Latimer; and “Reconsideration of the “Good Faith” Requirement in Statutory Derivative Actions in Australia” – Lang Thai. This issue also includes the following sections: Editorial; Corporate Finance: “Equity Crowdfunded Companies in the United Kingdom: What Factors Determine Post-campaign Success?” – Steve Kourabas, Ian Ramsay and Mihika Upadhyaya; Directors’ Duties: “Insolvent Trading, Charitable Companies and COVID-19” – Rosemary Teele Langford; and New Zealand and South Pacific: “Capital Market Law Reform in Vanuatu” – Gordon Walker.
Company and Securities Law Journal update: Vol 37 Pt 3
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Voting Recommendations in Schemes: Navigating the New Landscape” – Alberto Colla; “Sport Australia’s Governance Principles for National Sporting Organisations: The Triumph of Managerialism over Accountability and Representation in Australian Sport” – Lloyd Freeburn; and “Social Licence to Operate and Directors’ Duties: Is There a Need for Change?” – Rosemary Teele Langford. This issue also includes the following sections: Editorial; Book Review: “Company Directors’ Duties and Conflicts of Interest” by Rosemary Teele Langford – reviewed by JH Farrar; Corporate Finance: “Case Note: Re O’Keeffe Heneghan Pty Ltd (in liq) (No 2) [2018] NSWSC 1958” – Ganesh Jegatheesan; and “Widely-held Proprietary Companies: Opportunities and Challenges for Australian Craft Brewers” – Matt Vitale.
Company and Securities Law Journal update: Vol 37 Pt 1
The latest Part of the Company and Securities Law Journal includes the following articles: “Agribusiness MIS Failures: Policy Lessons from the Quintis Failure” – Kevin Davis and Henry Herkes; “Director Restriction: An Alternative to Disqualification for Corporate Insolvency” – Michelle Welsh and Helen Anderson; Hong Kong, China and South East Asia – Say Goo: “Unfair Prejudice and Just and Equitable Winding Up in Hong Kong” – Professor Say H Goo and Charles KN Lam; Takeovers and Public Securities – Simon McKeon and Jonathan Farrer: “New Cross-Border M&A Transactions: Schemes of Arrangement for Foreign Incorporated Companies in Australia” – Anthony Papamatheos; Company Law – Edmund Finnane: “Removal of Directors of Public Companies by Shareholders: When Do Companies Contract Out of the Corporations Act?” – Rosemary Teele Langford and Ian Ramsay; and New Zealand and South Pacific – Gordon R Walker: “Compromises with Creditors – New Zealand Supreme Court Divided on Whether Class Composition Includes Consideration of Creditors’ Economic Interests” – Victoria Stace.
Company and Securities Law Journal update: October 2016
The latest Part of the Company and Securities Law Journal includes the following articles: “The who, why and what of enforceable undertakings accepted by the Australian Securities and Investments Commission” – Helen Bird, George Gilligan and Ian Ramsay; and “Safe harbour or shipwreck? A critical analysis of the proposed safe harbour for insolvent trading” – Carmen Boothman. This issue also includes the following sections: Company Law – Robert Baxt AO: “Babcock & Brown’s last hurrah: The latest on dividends and continuous disclosure” – Jonathan M Cheyne; “Has the introduction of civil penalties increased the speed and success rate of directors’ duties cases?” – Jasper Hedges and Ian Ramsay; and Directors’ Duties – Rosemary Teele Langford: “The Corporate Culture Chameleon: Reflections and reporting” – Rosemary Teele Langford.
Company and Securities Law Journal update: August 2016
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.
Company and Securities Law Journal update: May 2015
The latest Part of the Company and Securities Law Journal includes the following articles: “The duty to act in the best interests of the public entity in Victoria: Legal and empirical meanings” – Marco Bini; “Equitable money remedies against financial advisers who give “advice about advice”” – Simone Degeling and Jessica Hudson; “Integrated reporting and directors’ concerns about personal liability exposure: Law reform options” – Anna Huggins, Roger Simnett and Anil Hargovan; and the following sections: Company Law: “Enforcement of continuous disclosure laws by the Australian Securities and Investments Commission” – Ian Ramsay; and Directors’ Duties: “Conflicts, proactive disclosure and s 181 of the Corporations Act” – Rosemary Teele Langford.
Company and Securities Law Journal update: August 2014
The latest Part of the Company and Securities Law Journal includes the following articles: “The payment of dividends: Legal confusion, complexities and the need for comprehensive reform in Australia” – Stephen Alevras and Jean du Plessis; “The financial literacy of young Australians: An empirical study and implications for consumer protection and ASIC’s National Financial Literacy Strategy” – Paul Ali, Malcolm Anderson, Cosima McRae and Ian Ramsay; and “The possession and materiality of information in insider trading cases” – Juliette Overland. There is also a Directors’ Duties section: “Directors’ fiduciary duties in the Western Australia Supreme Court – again” – Rosemary Teele Langford.
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