2025 Baxt Prize – Business Law Section
By journalalerts on August 18, 2025
Tag: JBFLP
Journal of Banking and Finance Law and Practice update: Vol 32 Pt 4
By journalalerts on March 17, 2022
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: A Break from Bitcoin – Cryptocurrency Collateral on the Ethereum Blockchain arbitrage profits from abusive conduct articles Australia's Big Four banks Barclays Bank blockchain technology Countdown 2021 and the End of an Era: Mystique David McIlroy QC decentralised financial applications Deutsche Bank Dr Matteo Solinas Ethereum blockchain JBFLP John Jarvis QC LIBOR scandal London Inter-Bank Offered Rate (LIBOR) market manipulation outdated Australian legislative framework inadequate in supporting novel technologies permissioned networks risk-free rates Ryan Chan Scandals and the Endgame for the LIBOR Market secured cryptocurrency lending transactions secured lending smart contracts The Future of Money: Central Bank Digital Currencies in the Eurosystem Tony Ciro transition away from LIBOR UBS Group AG United Kingdom and Europe use of cryptocurrencies in collateralised lending winddown of LIBOR with legacy contracts
Journal of Banking and Finance Law and Practice update: Vol 32 Pt 3
By journalalerts on January 24, 2022
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: 136 and 301 of the Companies Act 1993 (NZ) An Identity Crisis? – The Changing Classification of Circulating and Non-circulating Security Interests articles Banking and Financial Services Law Association's 2021 Research Essay Prize benefits and challenges of designing and implementing a compliance program categories of systemic risk presented by fintech circulating security interest commercial consistency and flexibility compliance programs in the financial services industry Compliance Programs Introduced in Response to Enforcement by the Australian Securities and Investments Commission converting a circulating security interest into a non-circulating security interest development of fintech capabilities Directing the Sinking Ship – Where to From Here? financial regulatory regime floating charge formal corporate rescue mechanisms in Australia Ian Ramsay JBFLP limited transparency of compliance programs Louise England Mihika Upadhyaya New Zealand provisions relating to reckless trading Operation Innovation or Operational Risk? An Analysis of the Financial Regulation of Fintech operational risk Paulina Fishman Personal Property Securities Act 2009 (Cth) protection of creditors of insolvent or near-insolvent companies Pts 5.3A and 5.3B of the Corporations Act 2001 (Cth) Riley Scott ss 135 ss 433 and 561 of the Corporations Act 2001 (Cth) statutory regimes for corporate rescue in Australia The Power to Alter Corporate Rescue in Australia William Porter Yan v Mainzeal Property and Construction Ltd
Journal of Banking and Finance Law and Practice update: Vol 32 Pt 2
By journalalerts on October 29, 2021
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Act on Provision of Financial Services Alan L Tyree articles Banking Law and Banking Practice Baskaran Balasingham central bank asset purchases and money creation Code of Conduct on Mortgage Arrears codes of conduct in the financial services industry competition and innovation within the banking sector critical emergency measure in response to COVID-19 David McIlroy detailed analysis of the legal structure of quantitative easing Doron Goldbarsht enhancing financial integrity in the Australian financial sector Facebook's Currency: Here's Looking at You Kid finality of payment in central bank payment systems Gerard Breen increasing value of data Insolvency law and management JBFLP Jeremy Moller John Freeman John Sheahan QC legal foundation of reserve accounts linking central banks to the private financial sector legal limit on the volume of money created through quantitative easing Lindsay Powers Masahiro Ueno mechanism for implementing monetary policy money creation Open Banking in Australia: Competition and Money Laundering Risks and Benefits Open Banking Standard Organisation for Economic Co-operation and Development Payment Services Directive quantitative easing programs s 44 of the Central Bank (Supervision and Enforcement) Act 2013 suing for breaches of the codes technological advancements The Actionability of Codes of Conduct in English and Irish Law the Bank of England The Legal Structure of Quantitative Easing The Peak Indebtedness Rule: A Thing of the Past? the Reserve Bank of Australia Tokyo US Federal Reserve System Will Bateman
Journal of Banking and Finance Law and Practice update: Vol 32 Pt 1
By journalalerts on June 7, 2021
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Alan L Tyree appropriate outcomes for fraud and illegality exceptions articles Australian Credit Licence (ACL) Banking Law and Banking Practice Barclays Bank Plc v Quincecare Ltd CBDC: Digital Cash as Legal Tender cognitive dissonance theory documentary letters of credit duty to inquire Gerard Breen Ian Ramsay illegality exception under English law Insolvency law and management JBFLP John Sheahan QC Lee Aitken Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy Lindsay Powers Lucinda O'Brien Mohd Hwaidi nudge theory One-Stop Shop: Consumer Credit Issued at the Point of Sale Paul Ali and Mihika Upadhyaya point-of-sale credit rational choice theory responsible lending requirements Simplified Liquidation: A Different Test for Insolvency? The Banker's Obligation to Pay and the Scope of the Quincecare "Duty" Uniform Customs and Practice for Documentary Credits
Journal of Banking and Finance Law and Practice update: Vol 31 Pt 3
By journalalerts on January 5, 2021
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Adam Waldman Amended Rules in Relation to Assignment of Accounts Receivable Andrew Booth articles Banking Royal Commission's Final Report Case Note: Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd (No 6) Commercial and financial law community expectations community standards Community Standards and Expectations: Has There Been a Fundamental Shift in the Obligations on Financial Services Licensees under Pt 7.6 of the Corporations Act 2001 (Cth)? Conceptual Models of the PPSA Security Interest: Moving Beyond the Unitary/ Minimalist Dichotomy David McIlroy QC Deborah A Sabalot Dr Matteo Solinas Explanatory Memorandum Fabian Roday Helen Dervan Hong Kong and China JBFLP JFW Cardell-Oliver John Jarvis QC Legislative Brinkmanship and Equivalence Decisions Luckin Coffee: A Chinese Fraud or Just Fraud? Masahiro Ueno minimalist model optimal decision-making structure for prudential regulation and supervision Patrick Hall Patrick Lowden Personal Property Securities Act 2009 (Cth) Professor Chao Xi Reserve Bank of New Zealand Act 1989 (NZ) Reserve Bank of New Zealand Decision-Making – Is a Governance Board the Best Option for Prudential Regulation? s 912A(1)(a) of the Corporations Act 2001 (Cth) Simon Jensen statutory committee structure Tokyo unitary model United Kingdom and Europe William Fotherby
Journal of Banking and Finance Law and Practice update: Vol 31 Pt 2
By journalalerts on August 20, 2020
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Andrew Vella Angela Flannery Anthony Duggan articles Australia and New Zealand Banking Group Ltd Australian Securities and Investments Commission (ASIC) Australian Securities and Investments Commission Act 2001 (Cth) Building Australia's Fintech Ecosystem: Innovation Hubs for a Competitive Advantage Commonwealth Bank of Australia Ltd David Brown Dirk A Zetzsche Don't Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders Douglas W Arner Dr Matteo Solinas Dr Stuart Dutson Erich Heneke Evan C Gibson financial market manipulation of the Bank Bill Swap Reference Rate Gerard Breen Germany's Highest Court Challenges the Legality of the ECB's Monetary Tools (and the EU's Entire Legal Order) History Repeating: Trading Restrictions in Europe at the Time of COVID-19 Insolvency law and management JBFLP Lindsay Powers Matthew Paterson Mr David McIlroy QC Mr John Jarvis QC Mr Kallun Willock National Australia Bank Ltd Predictive Factors in CEO and CFO Bank Fraud and Malfeasance Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd Randall Valentine Regulating Australia's Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms Regulatory sandboxes Ross P Buckley Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Securities and mortgages Tony Ciro United Kingdom and Europe United States Westpac
Journal of Banking and Finance Law and Practice update: Vol 31 Pt 1
By journalalerts on May 20, 2020
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Allison Silink Amanda Lawrence Ann Wardrop Anne Matthew articles Consumer Lending by New Zealand Banks After the Royal Commission – Business as Usual or More Responsibility Required? David Brown Elise Bant Elizabeth McGinn Foreword Gerard Breen Helen Dervan Insolvency law and management institutional theory James Chou Jason Harris JBFLP Jeannie Marie Paterson KE Powell Lindsay Powers Louise Parsons M Scott Donald Marina Nehme misconduct in the superannuation sector Mortgage Broking Regulatory Failure and Statutory Design Open Banking’s initiative Post-GFC regulatory reforms Privacy and Cybersecurity Issues in 2020 – What to Expect product intervention orders Product Intervention Power: An Extra Layer of Protection to Consumers Productivity Commission Report into Banking Prudential Regulation in Australia and the Banking Royal Commission: A Missed Opportunity for Reform? Reflections on the Royal Commission Regulating Superannuation in the Shadows of the Twin Peaks responsible lending laws Role and Effectiveness of ASIC Compared with the SEC: Shedding Light on Regulation and Enforcement in the United States and Australia Royal Commission into Misconduct in the Banking Insurance and Financial Services Industry SEC regulatory structure enforcement activities and governmental resources Steve Kourabas superannuation system systemic financial stability Trading Trusts and Insolvency Revisited: The High Court and the Bankruptcy Act Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 (Cth) Trust Social Licence and Regulation: Lessons from the Hayne Royal Commission United States Victoria Stace Zehra G Kavame Eroglu
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: "all moneys" retention of title (ROT) clause 588FL A Case Illustrating the Challenges in Seeking to Adapt Trust Law Concepts for Use as Regulatory Enforcement Tools Allison J Silink Amanda Jade Staninovski Andrew Boxall Andrew J Lunardi Angela Flannery articles Austraclear system blockchain Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth the High Court Cut Me Some Slack: An Analysis into the Extension of Time Provisions for Registering Security Interests under the Corporations Act David Lu David McIlroy David Morrison Diccon Loxton digital asset projects Disclaimer Explainer: What Are the Legal Consequences of Disclaimer of Real Property under s 133 of the Bankruptcy Act 1966 (Cth)? Finance v2.0 – an Analysis of the Impact of Blockchain Smart Contracts and Extensible Markup Language on Debt Capital Markets in Australia Guy Spielman Insolvency JBFLP John Jarvis QC Kallun Willock Lisa Butler Beatty Matteo Solinas Matthew Broderick Matthew Paterson Michael Green order a "statutory recreation" of freehold estate over-the-counter debt security issuance Personal Property Securities Act 2009 (Cth) (PPSA) Regulation Agents and Representatives Under the UK Financial Services Regime Rights in Collateral under the PPSA: A Minimalist Response Romalpa Suppliers and the PPSA – For Better or Worse in Insolvency – Part II Ruth Stringer s 133(1) of the Bankruptcy Act 1966 (Cth) Section 588FM of the Corporations Act 2001 (Cth) Securities and mortgages Sheelagh McCracken smart contracts ss 433(3) and 561 of the Corporations Act 2001 (Cth) Stuart Dutson The Regulation of Cryptoassets in Australia and the United States The Trustee's Indemnity as "Property of the Company" under the Corporations Act 2001 (Cth): Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth tokens United Kingdom and Europe vesting Wealth Management XML
Journal of Banking and Finance Law and Practice update: Vol 30 Pt 3
By journalalerts on November 29, 2019
Posted In: Journal of Banking and Finance Law and Practice (JBFLP) Tagged: Alice Klettner alternative approach Anthony Duggan Australian Banking Industry Ombudsman (ABIO) Banking Law and Banking Practice bitcoin blockchain technology Carter Holt Harvey Craig Wappett David Brown David Craig Dr Alan L Tyree external dispute resolution (EDR) External Dispute Resolution Schemes in the Financial Sector Gerard Breen Guy Lethbridge Hamersley v Forge Ian Ramsay immutability Insolvency law and management JBFLP John Sheahan QC Joto Tanpo Lindsay Powers Masahiro Ueno Minimalist Articles Miranda Webster New Zealand personal property securities PPSA Re Enhill recharacterisation approach Regulatory Reform in the Finance Sector retention of title Rights in Collateral under the PPSA Ross Pennington security interest Simon Jensen Steve Flynn title retention arrangements Tokyo trading trust unitary model