Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “‘A Tiger Without Teeth’? The Forthcoming Review of the Modern Slavery Act 2018 (Cth) and the Place of ‘Traditional’ Penalties” – Margaret Cusenza and Vivienne Brand; “ASIC’s Regulatory Powers – Search Warrants, Telecommunications Interception Warrants, Financial Services Licensing Decisions and Banning Orders – Suggested Reforms” – Dr Tom Middleton; and “A Typology of Legal, Regulatory and Voluntary Initiatives to Address Gender Balance on Corporate Boards” – Katie Watson and Tim Connor.
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Foreign Bribery Regulation in Australia and ‘Stepping Stones’ Director Liability” – Vivienne Brand; “Insider Trading, Materiality and the Reasonable Person: Who Must Be Influenced for Information to Have a ‘Material Effect’?” – Juliette Overland; “Termination for Convenience or Not?” – William Dixon; and “Alternative Dispute Resolution in Public, Essential and Emergency Services” – Giuseppe Carabetta. Also in this Part are the following sections: Competition Law and Market Regulation: “The Productivity Commission’s Recommendations on the Intellectual Property Exemption under the Competition and Consumer Act” – Brent Fisse; Industrial and Workplace Relations Law: “Exercising the Wisdom of Solomon: The Fair Work Commission’s Penalty Rates Decision” – Dr Victoria Lambropoulos; and Intellectual Property Law: “The Death of Innovation (Patents) in Australia?” – Campbell Thompson.
The latest Part of the Australian Business Law Review includes the following material: “Uncovering the roots of Australia’s misuse of market power provision: Is it time to reconsider?” – Katharine Kemp; “Corporate whistleblowing: Public lessons for private disclosure” – Sulette Lombard and Vivienne Brand; ““Flogging a dead horse”: Artificial insemination, breeding standards and antitrust” – Shirley Quo; “Should the practical benefit principle extend to contract formation?” – Mark Giancaspro; Consumer Dealings: “Inquiry into Micro-economic reform in Western Australia” – Chris Field and Tracey Atkins; Privacy: “A seed on barren ground? the ALRC’s recommendation for a statutory privacy tort” – Normann Witzleb; and book reviews of “The Construction and Performance of Commercial Contracts” by S A Christensen and W D Duncan and “The Law of Affıdavits” by John Levingston (both reviewed by Peter Lithgow).
The latest Part of ABLR includes the following articles: “Consumer leases and consumer protection: Regulatory arbitrage and consumer harm” – Paul Ali, Cosima McRae, Ian Ramsay and Tiong Tjin Saw; “Wrestling with Giants – a critical account of supermarket power and competition law in Australia and the United Kingdom” – Madeline Taylor; and “Bounty hunters, whistleblowers and a new regulatory paradigm” – Vivienne Brand, Sulette Lombard and Jeff Fitzpatrick. There is also an Editorial and a Company Law and Securities section note.
The latest issue of Insolvency Law Journal includes articles on the increased prevalence of class actions in the commercial context, the practice of pre-pack transactions and applications by insolvency practitioners to the court for directions. There is also a Report from New Zealand regarding the status of the Commissioner of Inland Revenue in New Zealand’s corporate insolvency regime.