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Australian Business Law Review update: December 2015

By Journal Alerts on December 8, 2015

The latest Part of the Australian Business Law Review includes the following articles: “US Supreme Court revises fraud on the market presumption: Ramifications for Australian shareholder class actions” – Michael Legg, John Emmerig and Georgina Westgarth; “Bank guarantees and the reasonable expectations of beneficiaries” – Bill Dixon; “Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor” – Ian Stewart; “Rural Press: A game of collusion” – Nicholas Twomey; and “Remote signing protocols for financing transactions” – The Walrus Committee. Also in this Part are the following sections: Media and Telecommunications: “Competition Law and Digital Disruption – Insights for Australia” – Dr Martyn Taylor; and Commercial Litigation: “Unions overplaying their hand? Terminating bargains in the mining sector – An analysis of Re Aurizon Operations Ltd [2015] FWCFB 540 – Louise Floyd.

Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, Australian shareholder class actions, bank guarantee, Basic Inc v Levinson 485 US 224 (1988), Bill Dixon, cartels, cash equivalent, collusion by competitors, Commercial Litigation, connecting factor, contravention of s 45, Dr Martyn Taylor, Editorial, extraterritoriality, Georgina Westgarth, Halliburton Co v Erica P John Fund Inc 134 S Ct 2398 (2014), Harper Review, Ian Stewart, John Emmerig, Louise Floyd, Media and Telecommunications, Michael Legg, Nicholas Twomey, presumption of fraud on the market, Professor Robert Baxt AO, Re Aurizon Operations Ltd [2015] FWCFB 540, reasonable expectations of the beneficiary, remote signing protocols for financing transactions, Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53, The Walrus Committee, unilateral misuse of market power under s 46, US Supreme Court | Leave a response

Company and Securities Law Journal update: November 2015

By Journal Alerts on December 8, 2015

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 | Leave a response

Australian Law Journal update: June 2012

By journals team on June 6, 2012

The June 2012 issue of the Australian Law Journal includes the usual mix of articles and sections covering a wide range of topics, including formation of opinions by insurers, f-cubed litigation, victim’s compensation, criminal appeals, wills and trusts, compound interest, Church disciplinary actions, false identity documents, tribunals, securities laws and much more.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Conveyancing and property, Current issues, David Kelsey-Sugg, f-cubed litigation, insurers, Michael Raine, opinion, Overseas law, Peter Butt, Recent cases, Ross Buckley, US Supreme Court | Leave a response

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US Supreme Court

Australian Business Law Review update: December 2015

Company and Securities Law Journal update: November 2015

Australian Law Journal update: June 2012

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