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Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 3

By Journal Alerts on September 18, 2017

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.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged administrative penalties, Andrew Eastwood, Angela Flannery, Anthony Sommer, Banking Executive Accountability Regime, Banking Law and Banking Practice, Benjamin Geva, bitcoin, Canada, Chapter III of the Commonwealth Constitution, Dr Alan L Tyree, Dr Matteo Solinas, financial collateral laws, financial exclusion, Financial System Legislation Amendment (Resilience and Collateral Protection) Act 2016 (Cth), Francis Cardell-Oliver, Francisco Widjojo, Gerard Breen, Hamersley Iron Pty Ltd v Forge Group Power Ltd [2017] WASC 152, Insolvency law and management, interpretation of performance guarantees, James Emmerig, Jason Harris, JBFLP, Joel Emery, John Jarvis QC, John Sheahan QC, judicial review proceedings of Financial Ombudsman Service decisions, Kallun Willock, Lindsay Powers, Marissa A Daniels, Masahiro Ueno, Max Allan, Michael Green, microfinance, Miranda Stewart, Neville Gray, oversight and regulation of payment systems, Paul Rogerson, Personal Property Securities Act 2009 (Cth), Peter A Aziz, Securities and mortgages, Senior Managers and Certification Regime (UK), set-off rights, Simic v New South Wales Land and Housing Corporation [2016] HCA 47, Stephanie Ben-Ishai, Stewardship Code (Japan), Stuart Dutson, taxation of digital currency, Thanuja Rodrigo, Tokyo, United Kingdom and Europe | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 2

By Journal Alerts on June 15, 2017

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulating Financial Product Design in Australia: An Analysis of the UK Approach” – Rosie Thomas; “Difficulties with Derivatives? OTC Credit Derivatives and the Insurance Question” – Adam Fovent; and “Reviving the Incentive to Compromise in Corporate Restructure: The Role of Secondary Debt Markets” – William Stefanidis. Also in this Part are the following sections: Securities and Mortgages; Hong Kong and China; Singapore and South East Asia; Tokyo; and United Kingdom and Europe.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Adam Fovent, Angela Flannery, Arnold Tan, Brexit, changes to Singapore employment law, compliance with the Personal Property Securities Act 2009 (Cth), contracts of insurance, corporate restructure, EU financial services regulation, fiduciary principles relating to financial business companies, financial product design, Hong Kong and China, JBFLP, John Jarvis QC, Kala Anandarajah, Kallun Willock, Larry Lim, Le Xia, Leong Lu Yueh, Masahiro Ueno, Matteo Solinas, Michael Green, over-the-counter credit derivatives, passporting services, Paul Rogerson, Professor Chao Xi, Re OneSteel Manufacturing Pty Ltd (administrators appointed) [2017] NSWSC 21, Regina Liew, regulation of virtual currencies, Rosie Thomas, secondary debt markets, Securities and Futures (Amendment) Bill 2016 (Singapore), Securities and mortgages, shadow banking, Singapore and Southeast Asia, Stuart Dutson, third party equivalence rules, Tokyo, UK financial product regulation, United Kingdom and Europe, venture capital funds, Wayne Courtney, William Stefanidis | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 1

By Journal Alerts on March 14, 2017

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.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Tranter Wilson, Australian Prudential Regulation Authority (APRA), Australian retail banking, Authorised Deposit-taking Institution (ADI), Banking Law and Banking Practice, Basel III framework, cash deposits, circulating security interest, competition, customer switching, Deborah Healey, Dr Alan L Tyree, Employment Claims Tribunals, Hong Kong and China, Huimiao Zhao, Insolvency, internet finance governance, JBFLP, John Sheahan QC, Kala Anandarajah, loan agreements, M Scott Donald, Marcus Teo, Masahiro Ueno, Paul O’Brien, Personal Property Securities Act 2009 (Cth), repayment on demand, Rob Nicholls, salary disputes, Singapore and Southeast Asia, superannuation funds, Tokyo, tripartite set-off, Wayne Courtney, Wei Cai | Leave a response

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

By Journal Alerts on December 8, 2015

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The four methods of financial system regulation: An international comparative survey” – Andrew D Schmulow; “Thoughts for the litigant in person – some common, but unsuccessful, arguments which should not be raised in resisting the bank’s claim” – Lee Aitken; “Quality and safety for financial services and products” – Rhys Bollen; and “Takeovers financing – certain funding” – John Mosley and Cynthia Li. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Tokyo; United Kingdom and Europe.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged "all moneys" clauses, “Twin Peaks” system, Alan Tyree, Andrew D Schmulow, Angela Flannery, Banking Law and Banking Practice, banking litigation, common unsuccessful arguments, Cynthia Li, debt funding, directors, equity finance, European resolution mechanism, financial services and products, financial system regulation, Insolvency law and management, JBFLP, John Mosley, Lee Aitken, Lindsay Powers, litigant in person, M&A, Masahiro Ueno, Monetary Authority of Singapore, public company takeovers, quality and safety, Rhys Bollen, Securities and mortgages, Stanyo Dinov, takeovers financing, Tokyo, Tournier, United Kingdom and Europe | 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: 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: 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: March 2013

By journals team on March 19, 2013

The latest Part of JBFLP includes the following articles: “The persistence of equitable doctrines with respect to the law relating to personal property securities: Assessing the impact of the Personal Property Securities Act 2009 (Cth)” – Nicholas Mirzai; “Imposing proprietary interests in insolvencies” – Richard Calnan; “Covered bonds: Their introduction and regulation in Australia” – Alicia Back; “Case note: Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA 1028” – Lesa Bransgrove. Also in this Part are the following sections: Banking Law and Banking Practice, Commercial and Finance Law, Insolvency Law and Management, Recent Publications, Tokyo and New Zealand.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Alicia Back, Banking Law and Banking Practice, Commercial and finance law, covered bonds, equitable doctrines, Insolvency, Insolvency law and management, JBFLP, Lesa Bransgrove, New Zealand, Nicholas Mirzai, Personal Property Securities Act 2009 (Cth), proprietary interests, Recent Publications, regulation, Richard Calnan, Tokyo, Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA 1028 | Leave a response

Journal of Banking and Finance Law and Practice update: September 2012

By journals team on August 16, 2012

The September 2012 issue of the Journal of Banking and Finance Law and Practice publishes articles on a wide range of topics related to banking and finance law, including the characterisation of PPSA security interests, the duties of bank customers in minimising fraudulent or unauthorised account transactions, five different categories of cheque fraud and the High Court of Australia’s decision in Equuscorp. Also included in this Part are a range of Section Notes, including Banking Law and Banking Practice, Financial Markets, Securities and Mortgages, Recent Publications and reports from Tokyo and the United Kingdom and Europe.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged bank customers, Banking Law and Banking Practice, cheques, Christopher Hare, common law, Diccon Loxton, Dr Vicky Priskich, Equuscorp, Financial Markets, fraud, High Court of Australia, Kanaga Dharmananda, Mathew Briggs, Personal Properties Securities Act 2009 (Cth), Recent Publications, Securities and mortgages, security interests, Tokyo, unauthorised account transactions, United Kingdom and Europe | Leave a response

Journal of Banking and Finance Law and Practice update: March 2012

By journals team on April 3, 2012

The latest Part of the Journal of Banking and Finance Law and Practice includes several interesting pieces. The first article comes from Alexandra Whelan and provides an assessment of the law regarding proprietary rescission. The second article is by He Wei Ping and provides an overview of the means available for foreign banks to enter the Chinese banking sector. The sections cover a diverse range of topics including class actions against banks for exception fees, requests for court assistance under the UNCITRAL Model Law and the new Canadian not-for-profit corporations statute, plus much more.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Alan L Tyree, Alexandra M Whelan, Banking Law and Banking Practice, book review, Canada, China, class actions, foreign banks, Gerard Breen, He Wei Ping, Insolvency, Insolvency law and management, John Melluish, John Sheahan SC, Lindsay Powers, Maria Thiveos, Masahiro Ueno, Professor Benjamin Geva, Professor Stephanie Ben-Ishai, proprietary rescission, regulation, Sue Welsh, Tokyo, UNCITRAL Model Law, valid mandate | Leave a response

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