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 latest Part of the Insolvency Law Journal includes the following articles: “How does s 588FA apply to the granting of a security interest over an unsecured debt?” – Peter Sise; and “External administration in corporate insolvency and reorganisation: The insider alternative” – Larelle Chapple and James Routledge; and the following section notes: Recent Developments: “Barriers to entry and exit for Australian businesses: The solvency impact of disruption” – David Morrison; and Report from New Zealand: “Supreme Court clarifies meaning of “value” in the defence against insolvent transaction claims – Allied Concrete Ltd v Meltzer and Hayward as Liquidators of Window Holdings Ltd (in liq)” – Trish Keeper.
Posted in Insolvency Law Journal (Insolv LJ), Update Summaries | Tagged corporate insovlency, Dr David Morrison, external administration, Insolv LJ, insolvent transaction claims, James Routledge, Larelle Chapple, Lynne Taylor, Peter Sise, recent developments, Report from New Zealand, s 588FA, security interest, Trish Keeper, unsecured debt |
The latest Part of the Insolvency Law Journal contains an interesting range of articles and sections related to insolvency law. There are articles on guarantors’ rights under s 420A of the Corporations Act 2001 (Cth), voluntary administration in New Zealand and how that system differs from the one in Australia and the role and use of debt agreements in Australian personal insolvency law. There is also a Recent Developments section, a Report from New Zealand and a book review.
Posted in Insolvency Law Journal (Insolv LJ), Update Summaries | Tagged book reivew, Cameron Sim, Companies Act 1993 (NZ), Corporations Act 2001 (Cth), David Morrison, debt agreements, Garry Hamilton, guarantor rights, Ian Ramsay, Lynne Taylor, New Zealand, personal insolvency law, recent developments, Report from New Zealand, sale of a receiver, Tim Klineberg, Trish Keeper, voluntary administration |
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