unconscionable conduct

Company and Securities Law Journal update: Vol 35 Pt 4

By Journal Alerts on August 3, 2017

The latest Part of the Company and Securities Law Journal includes the following articles: “Litigation Funding and Liquidators – The New Zealand Court of Appeal Takes a Permissive Approach” – Victoria Stace; “Who Bears the Burden for Business Losses: To What Extent Are Liability Issues of Business Structures Taught in Australian Accounting Degrees?” – Dale Boccabella and Dr Brett Freudenberg; “Whistleblowing Reforms: A Critical Analysis of the Current Law and the New “Bells and Whistles” Proposed” – Jim Apollo Mathiopoulos, Katrina Hogan and Jean Jacques du Plessis; Corporate Insolvency – Helen Anderson: “No “Silver Bullet”: A Multifaceted Approach to Curbing Harmful Phoenix Activity” – by Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh.

Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged abuse of process, Australian Securities and Investments Commission v Wealth & Risk Management Pty Ltd [2017] FCA 477, Australian Securities and Investments Commission v White Box Trading Pty Ltd (NSD 383/2016), Australian undergraduate accounting curriculum, Black Economy Taskforce's Interim Report, C&SLJ, Campbells Cash & Carry Pty Ltd v Fostif Pty Ltd [2006] HCA 41, choice of business structure, Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75, Corporate insolvency, court supervision over liquidators' litigation funding arrangements, Dale Boccabella, Director Penalty Notice regime extension, Dr Brett Freudenberg, G20's "Breaking the Silence" final report, Helen Anderson, Ian Ramsay, illegal phoenix activity, Jasper Hedges, Jean Jacques du Plessis, Jim Apollo Mathiopoulos, Katrina Hogan, Liability Issues of Business Structures, liquidator, litigation funding, Michelle Welsh, moral obloquy, New Zealand appellate courts, password protected director identification number (DIN), Phoenix Taskforce, PricewaterhouseCoopers v Walker and Scutter [2016] NZCA 338, Professor Bob Baxt AO, public and private sector whistleblowing regime, Royal Commission into the banking sector, Saunders v Houghton [2010] 3 NZLR 331, third-party litigation funder, Treasury Laws Amendment (2017 Enterprise Incentives No 2) Bill 2017, unconscionable conduct, Victoria Stace, whistleblower reforms, whistleblowing reforms consultation paper | Leave a response

Australian Business Law Review update: October 2015

By Journal Alerts on October 29, 2015

The latest Part of the Australian Business Law Review includes the following articles: “Good faith in Australian contract law after Barker” – Anthony Gray; ““Re-thinking” the influence of regulatory capture in the development of government regulation” – Kerrie Sadiq and Janet Mack; and “Regulating unilateral supermarket misconduct as customer/acquirer of goods and services” – Stephen Corones. Also in this Part are the following sections: Media and Telecommunications: “Competition Law and Digital Disruption – International Trends” – Martyn Taylor; and a Book Review: “Anti-cartel Enforcement in a Contemporary Age” – Caron Beaton-Wells and Christopher Tran, reviewed by Ian Stewart.

Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged "substantial lessening competition", "taking advantage", ABLR, Anthony Gray, Anti-cartel Enforcement, assumption or expectation, Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd, Caron Beaton-Wells, Christopher Tran, Commonwealth Bank of Australia v Barker [2014] HCA 32, contract law, contractual discretion, customer/acquirer of goods and services, doctrine of good faith, Dr Martyn Taylor, Editorial, Food and Grocery Industry Code of Conduct, High Court, honesty, Ian Stewart, implied term, Janet Mack, Kerrie Sadiq, Media and Telecommunications, Minerals Resource Rent Tax (MRRT), Peter Lithgow, Professor Robert Baxt AO, Pt IVB of the Competition and Consumer Act 2010 (Cth), Re:think, reasonableness, regulatory capture, s 21 of the Australian Consumer Law, s 46(1) of the Competition and Consumer Act 2010 (Cth) (CCA), Stephen Corones, substantial market power, Supreme Court of Canada, Supreme Court of the United Kingdom, tax reform, tax system, unconscionable conduct, unilateral supermarket misconduct | Leave a response

Australian Business Law Review update: June 2014

By journals team on June 23, 2014

The latest Part of the Australian Business Law Review includes the following articles: “Asset lending, unconscionable conduct and intermediaries” – Denise McGill; “Certainty and the ISDA credit derivative determinations committees” – G P Craddock; and “Whither a unified approach to the functional dimension of market definition: Why Metcash was the one that got away” – Josh Buckland. Also included in this Part are the following section notes: Banking and Finance: Financial literacy and financial decision-making of Australian secondary school students – Paul Ali, Cosima McRae and Ian Ramsay; Competition Law and Market Regulation: Strategic entry deterrence: Does it constitute a misuse of market power? – Stephen Corones; Contracts and Restitution: The High Court considers the meaning of “reasonable endeavours”: Electricity Generation Corp v Woodside Energy Ltd – Troy Keily; and New Zealand Newsletter: Frustration of contract in the New Zealand Supreme Court – Rex Ahdar.

Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, asset lending, Banking and finance, Competition law and market regulation, Contracts and Restitution, Cosima McRae, credit derivatives, Credit Derivatives Determinations Committees, Denise McGill, Electricity Generation Corp v Woodside Energy Ltd, financial decision-making, financial literacy, G P Craddock, High Court, Ian Ramsay, intermediaries, International Swaps and Derivatives Association (ISDA), Josh Buckland, market definition, market power, Metcash, Michael Borsky, New Zealand Newsletter, New Zealand Supreme Court, Paul Ali, reasonable endeavours, Rex Ahdar, Stephen Corones, strategic entry deterrence, Troy Keily, unconscionable conduct | Leave a response

Australian Law Journal update: June 2014

By journals team on June 6, 2014

The latest Part of the Australian Law Journal publishes the following articles: “Foss v Harbottle: Alive and well in the public sector?” – Marco Bini; “Limiting the nature and scope of a beneficiary’s entitlement to receive trust information” – Elizabeth Bishop; and “The rise of the information barrier: Managing potential legal conflicts within commercial law firms” – Ian Dallen. Also in this Part are several section notes, including several brand new ones: Current Issues; Letter to the Editor; Conveyancing and Property; Around the Nation: Victoria; Constitutional Law; Crime and Evidence; Environmental Law; Competition and Consumer Law; Recent Cases; and Book Reviews

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Angelina Gomez, Anne Twomey, Around the Nation: Victoria, beneficiary entitlement, Book reviews, Civil Procedure Act, commerical law firms, competition and consumer law, constitutional law, contributory negligence, Conveyancing and property, court practice, Crime and Evidence, Current issues, Elizabeth Bishop, Environment Protection and Biodiversity Conservation Act 1999, environmental law, Foss v Harbottle, Ian Dallen, information barrier, judicial review, Justice Clyde Croft, Justice Phillip Priest, Justice Rachel Pepper, legal conflicts, letter to the editor, Marco Bini, Peter Butt, Planning Bill 2013, prosecutors' duties, public sector, race discrimination, Recent cases, Robert Baxt AO, sea level rise, shark catch and kill policy, trust information, unconscionable conduct | Leave a response

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unconscionable conduct

Company and Securities Law Journal update: Vol 35 Pt 4

Australian Business Law Review update: October 2015

Australian Law Journal update: June 2014

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