The latest Part of the Company and Securities Law Journal includes the following content: “Can an Australian company use a dispute resolution clause in its constitution to bar shareholder class actions?” – James Emmerig; “Public interest litigation under s 50 of the Australian Securities and Investments Commission Act 2001 (Cth): The case for amendment” – Tony Johnson; “Banning, disqualification and licensing powers: ACCC, APRA, ASIC and the ATO – Regulatory overlap, penalty privilege and law reform” – Tom Middleton; and the following sections: Corporate Insolvency: “Recovery from Ponzi scheme investors: New Zealand’s Fisk v McIntosh [2015] NZHC 1403” – Trish Keeper; and Overseas Notes: New Zealand: “New Zealand rejects peak indebtedness” – Barry Allan.
Posted in Company and Securities Law Journal (C&SLJ), Update Summaries | Tagged “no class action” clause, “whole of government” approach to regulatory reform, access to justice, Australian Competition and Consumer Commission (ACCC), Australian peak indebtedness rule, Australian Prudential Regulation Authority (APRA), Australian Securities and Investments Commission (ASIC), Australian Taxation Office (ATO), banning, bar shareholder class actions, Barry Allan, C&SLJ, complement privately funded shareholder and investor claims and class actions, consistent case treatment and outcomes, constitutional bar, contractual restraint, Corporate insolvency, Delaware Court of Chancery, dispute resolution clause, disqualification, Editorial, Fisk v McIntosh [2015] NZHC 1403, Gordon R Walker, Helen Anderson, impact on Australian company, James Emmerig, licence cancellation, New Zealand, Overseas Notes: New Zealand, Ponzi scheme investors, procedural limitations on member shareholders, Professor Bob Baxt, Professor Paul Ali, Pt 5.7B of the Corporations Act 2001 (Cth), public interest litigation, regulatory outcomes, regulatory overlap, s 292(4B) of the Companies Act 1993 (NZ), s 50 of the Australian Securities and Investments Commission Act 2001 (Cth), suspension, Timberworld Ltd v Levin [2015] 3 NZLR 365; [2015] NZCA 111, Tom Middleton, Tony Johnson, Trish Keeper, uniform operation of penalty privilege, US Supreme Court |
The June 2013 Part of the Company and Securities Law Journal includes the following articles: “ASIC’s regulatory powers – interception and search warrants, credit and financial services licences and banning orders, financial advisers and superannuation: Problems and suggested reforms” – Tom Middleton; “Systemic risk after the global financial crisis: Covered bonds and retail contracts for difference” – Nan Seuffert; and “Reform of the financial advice industries in Australia and the United States” – Daniel Mendoza-Jones. There is also a section note on Directors’ Duties and Corporate Governance.
Posted in Company and Securities Law Journal (C&SLJ), Update Summaries | Tagged ASIC, C&SLJ, Daniel Mendoza-Jones, Directors' Duties and Corporate Governance, financial advisors, global financial crisis, Nan Sueffert, regulatory powers, Superannuation, Tom Middleton |
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