Company and Securities Law Journal update: Vol 41 Pt 3
By journalalerts on November 25, 2025
Tag: M Scott Donald
Australian Law Journal update: Vol 99 Pt 2
By journalalerts on March 19, 2025
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ articles Aryan Mohseni book review Brendan Edgeworth Conveyancing and property Current issues Hon Dean Mildren Justice Kunc Justice Pepper M Scott Donald Resolving Statutory Overlap in the Superannuation System Robert Angyal Simon Hochreiter The Increasing Intersection of Class Action and Regulatory Proceedings and Its Implications for the Operation and Utility of Australia’s Class Action Regime
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
ALRC’s Financial Services Law Mapping Project
By craigryan on June 21, 2021
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: “Financial Services Laws – Understanding the Devil in the Detail†ALRC Andrew Godwin Australian Law Reform Commission Australian Law Reform Commission Legislative Mapping Project Cindy Davies consolidation corporations and financial services regulation credit duties of loyalty financial services financial services regulation Gail Pearson harmonisation issue or sale of securities and financial products Justice Sarah Derrington legislative framework licensing regimes M Scott Donald mortgage broking services navigability options for reform Phoebe Tapley proliferation of delegated legislation prospectus and product disclosure statement (PDS) regimes providers of financial advice regulation of disclosure Rosemary Teele Langford Royal Commission into Misconduct in the Banking rule of law Samuel Walpole separation of powers Special Issue Superannuation Superannuation and Financial Services Industry superannuation funds Tess Van Geelen Vivienne Brand
Australian Law Journal update: Vol 95 Pt 3
By journalalerts on March 26, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: Admiralty and Maritime Alison L Young ALJ Angelina Gomez articles Ben-Pelech v Royle: Adverse Possession Alive and Well in Western Australia Bernice Chen Book reviews Brendan Edgeworth Bruce M Debelle AO QC can the rules be repealed by ordinary motions in the two party rooms Church State and Family: Reconciling Traditional Teachings and Modern Liberties Constitutional Unwritten norms in the United States Conveyancing and property costs Courtroom Drama in England Crown and courts action in case of dispute regarding the rightful parliamentary leader Current issues Dr Damien J Cremean Dr Richard Ingleby Elizabeth Fisher equity and trusts family law Farah Constructions Pty Ltd v Say-Dee Pty Ltd From young to one by Proclamation Greg Taylor Interpreting Executive Power Janina Boughey Jeff King John Tarrant John Witte judicial function as being fundamentally adjudicative Justice François Kunc Justice John Sackar Justice Mark Leeming Leadership Spill Rules from the Constitutional Perspective legal enforceability of new rules Lisa Burton Crawford Lord Devlin lower court judgments M Scott Donald negligence Non-acceptance of Calderbank Letter Options for the Voice to Parliament Released Pell v The Queen Plaintiff Succeeded against Council and Trust but Failed against State and Grandparents Prue Vines public authorities Recent cases Rectification of Documents Robert Angyal SC rules increasing the security of tenure of federal parliamentary leaders Ruth C A Higgins SC Seriously Considering Seriously Considered Dicta: Precedent after Farah Constructions Statutory Interpretation in Private Law textualising precedent The Curated Page The Foundations and Future of Public Law Trial Judge Declined to Make Bullock or Sanderson Order Unacceptable Risk and Relevant Findings as to the Risk of Harm Victor Windeyer's Legacy – Legal and Military Papers When Is an Express Trust Not a Trust? Whether Error in Failing to Find That Council Caused Plaintiff to Join Other Parties Whether Trial Judge Erred in Making Partial Indemnity Costs Order World in a Box What Legal Issues Might Yet Need to Be Resolved and by What Mechanism?
Australian Business Law Review update: Vol 48 Pt 4
By journalalerts on September 1, 2020
Posted In: Australian Business Law Review (ABLR) Tagged: "member outcomes" "no fault" enforcement regime ABLR articles Bronwyn McCredie Cheryl Foong copyright infringement Editorial Foreign Acquisitions and Takeovers Act 1975 (Cth) From Little Things Big Things Grow: Australia's Evolving Copyright Site-Blocking Regime goodwill restraint income redistribution Joanne Gray Kerrie Sadiq Luddite movement M Scott Donald Michael Tamvakologos Michael Terceiro Might Superannuation Trustees Owe a Duty to Merge? national interest test Nicholas Felstead online copyright enforcement public goods and social welfare spending regulatory initiatives Restraints of Trade Act 1976 (NSW) shifting tax base from labour and expenditure to capital six main lines of defence taxation taxes on automation technological advancements The Australian and United States Approaches to National Security and Foreign Investment Regulation The Challenges of Industrial Revolutions: Luddism and Tax Reform The Frontiers of Restraint of Trade Litigation Protecting Goodwill: Policy Principles and Practice trusteeship
Company and Securities Law Journal update: Vol 37 Pt 5
By journalalerts on June 1, 2020
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: A Case for Shareholders’ Fiduciary Duties in Common Law Asia articles Associate Professor Rosemary Teele Langford book review C&SLJ Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52 – "Dystopian Accessorial Liability" or The End of "Stepping Stones" as We Know It? Competition and Efficiency at the Mercy of Equality: Balancing the Equal Opportunity Principle and Maintaining a Competitive and Efficient Market Corey Byrne Corporations Act 2001 (Cth) Delegation by Superannuation Fund Trustees determination of insurance claims made by members directors' duties Editorial Edmund Finnane Eggleston Principles Ernest Lim Gordon R Walker investment of trust assets Justice Beach M Scott Donald Market-based Causation after TPT Patrol Pty Ltd v Myer Holdings Ltd Michael Legg New Zealand and South Pacific shareholder class action Supporting SME Fundraising in Fiji Vanessa Murphy
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
Australian Law Journal update: Vol 92 Pt 6
By journalalerts on August 8, 2018
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ ALRC Inquiry into Indigenous Incarceration Rates Angelina Gomez Arie Freiberg Around the nation: Tasmania Around the Nation: Western Australia Book reviews Brendan Edgeworth Brian Knox Commonwealth Conveyancing and property Current issues Dr Geert Corstens Emily Vale extending discretionary trust Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77 family law and budget constraints granny flats Ian Jackman SC interface between the Supreme Court and the Family Court Justice Craig Colvin Justice François Kunc Justice Katrina Banks-Smith Justice Kenneth Martin Justice Peter McClellan AM Justice Simon Steward Justice Stephen Estcourt AM Law Reform (Miscellaneous Provisions) Act 1944 (NSW) Lisa Butler Beatty M Scott Donald Mark Lunney Michael Flynn QC MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24; [2018] 2 WLR 1603 New South Wales Obituary Parenting Management Hearings for self-represented litigants Patrick Brazil AO KLJ Patrick Parkinson Personalia Rayney v Western Australia (No 9) [2017] WASC 367 Recent cases reform in elder law Regulation in Australia Robert Angyal SC Rozenblit v Vainer [2018] HCA 23 Ruth CA Higgins SC ss 111CA–111CY of the Family Law Act 1975 (Cth) statutory law reform of private law The Evolving Role of Trust in Superannuation The Varities of Restitution (2nd ed) Understanding the Rule of Law Victorian Aboriginal Treaty Bill
Fairness for financial services customers: C&SLJ’s Special Issue
By craigryan on March 2, 2018
Posted In: Company and Securities Law Journal (C&SLJ) Tagged: banking Banking Royal Commission Bob Baxt Centre for Law Markets and Regulation (CLMR) Dimity Kingsford Smith Financial Markets financial services industry Gail Pearson M Scott Donald misconduct Pamela Hanrahan Superannuation University of NSW University of Sydney