2025 Baxt Prize – Business Law Section
By journalalerts on August 18, 2025
Tag: C&SLJ
Company and Securities Law Journal update: Vol 39 Pt 1
By journalalerts on March 17, 2022
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: analysis of the tone of climate risk disclosures by ASX200 companies from 2015 to 2019 Anita Foerster articles Associate Professor Juliette Overland Australian Financial Services Licences best interests obligations under the Future of Financial Advice legislation C&SLJ changes to regulations in response to the COVID-19 crisis Chloe Ho Christine Brown Climate Risk Disclosure Compliance and Regulatory Drivers: A Textual Tone Analysis Company law company's preparedness to manage climate-related risks and seize opportunities Corey Byrne Corporate insolvency defective or conflicted financial advice provided by licensee directors and officers personally liable for breach of duty when corporations contravene the law disclosure and management of climate-related financial risks by companies disclosure tone Editorial Edmund Finnane financial services laws Financial Services Royal Commission granting companies temporary capital raising relief increasing existing 15% placement capacity to 25% of base capital Investment Switching by Superannuation Fund Executives – Conflicts of Interest Insider Trading and Law Reform Jason Harris Juliette Overland Luisa Unda qualitative and quantitative effect of regulatory changes on company equity issuance choices Raising Equity Capital during the COVID-19 Pandemic in Australia: The Efficacy of Regulatory Interventions regulation of financial advice regulations governing the issuance of equity capital for public companies RI Barrett The Liability of Directors and Officers When AFS Licensees Provide Defective Financial Product Advice The Plight of the Creditor of a Deregistered Company
Company and Securities Law Journal update: Vol 38 Pt 8
By journalalerts on January 5, 2022
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: articles Australian Law Reform Commission C&SLJ capital control policy civil penalty regime Company law corporate criminal responsibility COVID-19 pandemic economic uncertainty developments in the law of insider trading Dr Chris McGrath duty of care principles Editorial Edmund Finnane enforcement activity and litigation financial products group-wide policies; abdicating responsibility for supervision harm caused by subsidiary companies impact of technology on insider trading Implications of the United Kingdom's Approach for Parent Company Liability in Australia insider trading regulation and enforcement Juliette Overland maximum penalties Myles Bayliss Panic Buy-Backs: Share Buy-Backs in a Pandemic parent company liability position of corporations as insider traders principles of tort law regarding the imposition of a duty of care prohibited conduct R v Kian Lang Teh restrictions on buy-backs share buy-backs in corporate and financial practice supervision and control of the activities of the subsidiary Supreme Court of the United Kingdom Thirty Years since the First Conviction for Insider Trading: How Far Has Australia Come?
Company and Securities Law Journal update: Vol 38 Pt 7
By journalalerts on October 29, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: areas of interest and concern to shareholders articles ASIC ASX Australia's clearing and settlement infrastructure for shares Australian Securities and Investments Commission v King (2020) Australian Stock Exchange C&SLJ CHESS 2.0 Christian Chamorro-Courtland climate of increased accountability current disclosure requirements disclosure of overall remuneration philosophy distributed ledger technology to process trades duty of care enforcement Editorial Edmund Finnane exculpating a director from liability Felicity Maher future and analyses the new system Gordon Walker high accountability standards expected of directors and officers legal and regulatory framework in Australia links between remuneration and strategy Marvin Wee New Zealand and South Pacific Nicholas Todd reform proposals rights of investors state of corporate executive remuneration disclosure statutory business judgment rule reform suggestions for regulatory reform system of crypto-securities The Future of Clearing and Settlement in Australia: Part II – Distributed Ledger Technology The Future of the Statutory Business Judgment Rule: Balancing Accountability and Protection The State of Executive Remuneration Disclosure in Australia Three Types of Path Dependency in South Pacific Business Law Reform Warrick van Zyl
Company and Securities Law Journal update: Vol 38 Pt 6
By journalalerts on September 17, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: A Civil Law Solution to the Social Licence to Operate and Directors' Duties Conundrum in Australia ASX ASX Clear ASX Corporate Governance Council Australian Securities and Investments Commission Act 2001 (Cth) Bimaya De Silva C&SLJ Christian Chamorro-Courtland clearing and settlement infrastructure for transferring shares Clearing House Electronic Subregister System corporate Australia corporate law enforcement in Australia Corporations Act 2001 (Cth) Distributed Ledger Technology Editorial Edmund Finnane George Gilligan Ian Ramsay Is There Underenforcement of Corporate Criminal Law An Analysis of Prosecutions under the ASIC Act and Corporations Act 2009–2018 Julia Dreosti Katie Walsh legal uncertainty in the legal and regulatory regime penalties prosecutions prosecutorial concentration rights of investors Royal Commission s 181(1)(a) of the Corporations Act 2001 (Cth) settlement finality and negotiability social licence soft law stakeholder and community values The Future of Clearing and Settlement in Australia Part I The Current System
Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
By journalalerts on June 23, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: "member outcomes" accountability problems with respect to the separation of powers Andrew Godwin articles Australia's Licensing Regimes for Financial Services Credit and Superannuation Three Tracks toward the Twin Peaks Australia's Twin Peaks system of financial regulation Australian Credit Licence (ACL) Australian Financial Services Licence (AFSL) C&SLJ Cindy Davies compliance with and interpretation and application of legislative requirements concerted legislative action to protect customer interests debate about legislative design and simplification of law Delegated Legislation in Financial Services Law Implications for Regulatory Complexity and the Rule of Law Disclosure (Dis)content Regulating Disclosure in Prospectuses and Product Disclosure Statements duties of loyalty reform Editorial Edmund Finnane Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (Cth) Financial Services Royal Commission Final Report of 2019 financial services sector scandals Future of Financial Advice Gail Pearson general tests standards and content requirements for prospectuses and product disclosure statements issue or sale of securities and financial products Justice Sarah Derrington lack of effective oversight Legislative Design – Clarifying the Legislative Porridge M Scott Donald navigability of the disclosure regimes Overview Phoebe Tapley proliferation and under-regulation of delegated legislation prospectus and product disclosure statement disclosure regimes under the Corporations Act 2001 (Cth) Protecting Consumers Registrable Superannuation Entity (RSE) Regulating for Loyalty in the Financial Services Industry review into the legislative framework for corporations and financial services regulation Rosemary Teele Langford Rule of Law principles Samuel Walpole simplifying corporate and financial services law in Australia Special Issue Special Issue on the Australian Law Reform Commission Legislative Mapping Project Stronger Super Tess Van Geelen Vivienne Brand
Company and Securities Law Journal update: Vol 38 Pt 4
By journalalerts on April 30, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: A Comparative Analysis of Product Intervention Powers in Australia and the United Kingdom articles assets pledged as security C&SLJ Christopher Chiam collateral reporting practices consultation requirements contravening a product intervention rule corporate governance credit transactions Dr Bulend Terzioglu Editorial Edmund Finnane Financial Conduct Authority funding options Insights into the Collateralisation of Intangible and Intellectual Property Assets by Non-financial Listed Entities on the ASX/S&P 200 intellectual property framework in Australia intellectual property in annual reports mitigating social and environmental costs imposed by business corporations People Planet and Profits: Re-purposing the Company Professor Tony Ciro purposeful company approach resurgence of start-ups Ross Grantham use of intellectual property and intangible assets as collateral
Company and Securities Law Journal update: Vol 38 Pt 3
By journalalerts on April 9, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: A Tiger Without Teeth? The Forthcoming Review of the Modern Slavery Act 2018 (Cth) and the Place of Traditional Penalties A Typology of Legal Regulatory and Voluntary Initiatives to Address Gender Balance on Corporate Boards access to telecommunications interception warrant material alternative modern slavery regulatory models articles ASIC's Regulatory Powers – Search Warrants Telecommunications Interception Warrants Financial Services Licensing Decisions and Banning Orders – Suggested Reforms Australian Financial Services Licence C&SLJ Corporations Act 2001 (Cth) Dr Tom Middleton Editorial Edmund Finnane Financial Sector Reform (Hayne Royal Commission Response – Stronger Regulators (2019 Measures)) Act 2020 (Cth) fit and proper person test improving gender balance on corporate boards inconsistent terminology when reporting and analysing policy interventions Katie Watson limitations of compliance mechanism Margaret Cusenza modern slavery reporting requirements imposed on lead firms in supply chains policy intervention Quotas Equality Policies Targets Measurements Governance Suggestions Aspirations and Corporate Social Responsibility initiatives reputation and market-forces compliance mechanism s 1(2) of the Australian Securities and Investments Commission Act 2001 (Cth) the Australian Securities and Investments Commission's (ASIC's) search warrant powers Tim Connor Vivienne Brand
Company and Securities Law Journal update: Vol 38 Pt 2
By journalalerts on January 29, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China administrative remedies An Analysis of ASIC Enforcement against Auditors and Liquidators articles ASX continuous disclosure requirements Australian Charities and Not-for-profits legislation Australian Securities and Investments Commission (ASIC) Belle Qi Guo C&SLJ Charitable Companies and Related Party Transactions Chinese companies Companies Auditors Disciplinary Board Contributing Factors for Chinese Cross-border Listed Companies' Continuous Disclosure Performance in Australia Editorial Edmund Finnane evolution and underlying theoretical rationales of continuous disclosure regimes in Australia and China Ian Ramsay independent review of the auditor's or liquidator's practice Jonathan Farrer Michael J Duffy Miranda Webster Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge Intent Recklessness and Negligence in Breaches: A Discussion negotiated enforcement outcomes professional education related party transactions disclosure requirement Rosemary Teele Langford securities markets self-managed superannuation fund auditors Takeovers and public securities
Company and Securities Law Journal update: Vol 38 Pt 1
By journalalerts on November 26, 2020
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: addressing income inequality articles Australian Investor Stewardship and Global Themes in Stewardship Regulation bifurcated Australian system of investor stewardship codes C&SLJ co-operative federalism Co-operatives National Law Corporations Act 2001 (Cth) Pt 6D.3A Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Act 2018 (Cth) Corporations Amendment (Crowdsourced funding) Act 2017 (Cth) crowd-sourced equity funding Editorial Edmund Finnane egalitarian pay ratios Emma Armson enforcing security over shares Hareesh Makam in with the Askew? The Recent Crowd-sourced Equity Funding Reform Fails to Meet Expectations insulating local communities during economic uncertainty Jonathan Farrer Money Lending Exceptions for Takeover Provisions Natania Locke Out with the Old Re Donaco International Ltd Takeovers and public securities UK Stewardship Code 2020 William Hall Worker Co-operatives and Australian Law workplace management