{"id":16412,"date":"2024-01-12T00:53:27","date_gmt":"2024-01-12T00:53:27","guid":{"rendered":"https:\/\/sites.thomsonreuters.com.au\/journals\/?p=16412"},"modified":"2024-01-12T00:53:27","modified_gmt":"2024-01-12T00:53:27","slug":"australian-business-law-review-update-vol-51-pt-6","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2024\/01\/12\/australian-business-law-review-update-vol-51-pt-6\/","title":{"rendered":"Australian Business Law Review update: Vol 51 Pt 6"},"content":{"rendered":"

Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF <\/strong>at the bottom of this post.<\/p>\n

To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n

The latest issue of the Australian Business Law Review <\/em>(Volume 51 Part 6) contains the following material:<\/p>\n

EDITORIAL<\/a> \u2013 General Editor: Michael Terceiro <\/em><\/p>\n

Articles<\/h3>\n

A New Sheriff in Town? Section 596A and Shareholders\u2019 Newfound Powers<\/strong><\/em><\/a> \u2013 Aaron Timoshanko<\/p>\n

In the case of Walton v ACN 004 410 833 Ltd <\/em>(in liq) (Walton), the High Court of Australia interpreted s 596A of the Corporations Act 2001 <\/em>(Cth) in a way that benefits shareholders and former shareholders. Before this ruling, it was believed that examining company officers could only be done for the benefit of the company, its creditors, or contributories. However, post-Walton, eligible applicants, including shareholders and former shareholders, can now examine certain company officers about the examinable affairs of the company for their own benefit. This includes uncovering information about misconduct to potentially reclaim financial losses. As a result, there may be an increase in applications for eligible applicant status received by Australian Securities and Investments Commission and an overall increase in the enforcement of the Corporations Act<\/em>.<\/p>\n

Effectiveness of Dispute Resolution Processes Conducted Online: Findings from Empirical Research with Implications for Small Business Providing Dispute Resolution Services<\/strong><\/em><\/a> \u2013 Lola Akin Ojelabi, Fahimeh Abedi, Louis de Koker and John Zeleznikow<\/p>\n

Effective online dispute resolution (ODR) is important for small businesses, either as providers of the system or participants in these processes. The COVID-19 experiences gave small business ODR providers important needs and opportunities to engage online technologies and to prepare for a future where such engagement will be a significant part of their practice. This article presents some of the findings from qualitative empirical research about the use of online technologies including videoconferencing tools like Zoom, Microsoft Teams, Webex or Skype by dispute resolution practitioners during the COVID-19 pandemic. Effectiveness is considered in relation to process, communication within the process and the impact of trust on perceptions of procedural fairness by users of technology. While ODR processes hold many benefits there are complexities that dispute resolution practitioners have to navigate to support fair and effective processes. Practitioners had to navigate these challenges drawing on their past experiences. Going forward, guidelines on the choice of the most appropriate technology, codes of conduct on ODR management, and general ODR practitioner training should be considered to support the effectiveness of ODR.<\/p>\n

Automation of the \u201cIdentical or Nearly Identical\u201d Test in Business Names Registration<\/strong><\/em><\/a> \u2013 Timothy Magarry<\/p>\n

This article suggests that it is impossible to register a business name. To register, a name must be \u201cavailable\u201d in that it is not \u201cidentical or nearly identical\u201d to an existing name. ASIC claims that this \u201cidentical or nearly identical\u201d test is both exhaustive and automated. However, this article argues that the test is incapable of automation: it fails to specify an order of operations and omits guidance on several matters a computer requires. The author demonstrates how a computer would approach various limbs, and offers examples of ASIC Connect search queries showing how ASIC\u2019s software cuts corners or ignores rules altogether. The problems identified in this article have immediate ramifications. If the author\u2019s arguments are accepted, then it is not possible to objectively apply the \u201cidentical or nearly identical\u201d test at all. It is therefore not possible for a name to be \u201cavailable\u201d, and therefore impossible to register one.<\/p>\n

For the PDF version of the table of contents, click here: New Westlaw Australia – ABLR Vol 51 No 6 Contents<\/a> or here: Checkpoint – ABLR Vol 51 No 6 Contents<\/a>.<\/p>\n

Click here to access this Part on New Westlaw AU<\/a><\/p>\n

Click here to access this Part on Checkpoint<\/a><\/p>\n

For general queries, please contact: tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The latest Part of the Australian Business Law Review includes the following articles: “A New Sheriff in Town? Section 596A and Shareholders\u2019 Newfound Powers” \u2013 Aaron Timoshanko; “Effectiveness of Dispute Resolution Processes Conducted Online: Findings from Empirical Research with Implications for Small Business Providing Dispute Resolution Services” \u2013 Lola Akin Ojelabi, Fahimeh Abedi, Louis de Koker and John Zeleznikow; and “Automation of the \u201cIdentical or Nearly Identical\u201d Test in Business Names Registration” \u2013 Timothy Magarry.<\/p>\n","protected":false},"author":17,"featured_media":11957,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,38,39],"tags":[21513,21521,6802,21520,4106,21518,21514,518,21515,12667,21517,17103,21519,21516],"class_list":["post-16412","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-australian-business-law-review","category-journals","category-update-summaries","tag-aaron-timoshanko","tag-asic-connect","tag-australian-securities-and-investments-commission-asic","tag-automation-of-identical-or-nearly-identical-test-in-business-names-registration","tag-dr-lola-akin-ojelabi","tag-effective-online-dispute-resolution-odr","tag-fahimeh-abedi","tag-john-zeleznikow","tag-louis-de-koker","tag-michael-terceiro","tag-s-596a-of-the-corporations-act-2001-cth","tag-timothy-magarry","tag-use-of-online-technologies-including-videoconferencing-tools-by-dispute-resolution-practitioners-during-covid-19","tag-walton-v-acn-004-410-833-ltd-in-liq"],"_links":{"self":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/posts\/16412","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/comments?post=16412"}],"version-history":[{"count":0,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/posts\/16412\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/media\/11957"}],"wp:attachment":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/media?parent=16412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/categories?post=16412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/tags?post=16412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}