The Future of Australian Legal Education

The Future of Australian Legal Education
Author: NO AUTHOR SUPPLIED.
Publisher: Lawbook Company
Total Pages: 536
Release: 2018-06-15
Genre: Law
ISBN: 9780455241357

The Future of Australian Legal Education Conference was held in August 2017 to mark the 10th anniversary of the Australian Academy of Law (AAL), the 90th anniversary of the Australian Law Journal (ALJ) and the 30th anniversary of the Pearce Report on Australian Law Schools. The conference provided a forum for an informed, national discussion on the future of legal study and practice in Australia, covering practitioners, academics, judges and students.

Contemporary Australian Corporate Law

Contemporary Australian Corporate Law
Author: Stephen Bottomley
Publisher: Cambridge University Press
Total Pages: 695
Release: 2020-10-28
Genre: Law
ISBN: 1108796958

Introduces corporate law in Australia with authoritative, contextual and critical analyses of the law of corporations and financial markets.

Corporate Collapse

Corporate Collapse
Author: Frank Clarke
Publisher: Cambridge University Press
Total Pages: 416
Release: 2003-04-07
Genre: Business & Economics
ISBN: 9780521534260

This revised edition of Clarke, Dean and Oliver's provocative book tells why accounting has failed to deliver the truth about a company's state of affairs or to give warning of its drift towards failure. A number of well-known cases of corporate collapse from the 1960s to the 1990s and beyond are studied and the recent HIH and One.Tel collapses are examined. Corporate Collapse is essential reading for professional accountants and auditors, company directors and managers, regulators, corporate lawyers, investors and everyone aspiring to join their ranks.

Keay's Insolvency

Keay's Insolvency
Author: Michael Murray
Publisher: Lawbook Company
Total Pages:
Release: 2016-03-10
Genre:
ISBN: 9780455236919

The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.

Law, Corporate Governance and Partnerships at Work

Law, Corporate Governance and Partnerships at Work
Author: Richard Mitchell
Publisher: Routledge
Total Pages: 290
Release: 2016-04-22
Genre: Business & Economics
ISBN: 1317107527

This book examines how businesses manage their labour systems, and particularly how they manage the complex interaction of factors which give rise to instances of 'partnership' style relations between businesses and their employees. The book draws from the literature concerning 'Varieties of Capitalism' (VoC) and the different institutional and regulatory designs inherent in different types of political economy. The book is informed by a new and extensive set of empirical data from Australia that examines the activities of national and multinational business corporations, their outlooks and relationships with stakeholders, and relates these to new and evolving theoretical frameworks based in political economy and law. The book places the Australian regulatory model within this international debate, and assesses the extent to which the system does or does not fit into the general categorisation created in the VoC literature.

In Search of Corporate Accountability

In Search of Corporate Accountability
Author: Stefan H. C. Lo
Publisher: Cambridge Scholars Publishing
Total Pages: 410
Release: 2016-01-14
Genre: Law
ISBN: 1443887714

There is currently much debate over corporate social responsibility on whether business companies should look beyond shareholder primacy and profit maximisation to act for the benefit of others. It is generally agreed, however, even amongst advocates of shareholder primacy, that profit maximisation should only be achieved within the framework of external laws regulating the conduct of individuals and companies generally. If the objectives of such external laws are not to be defeated, then it is important for controllers of companies to ensure corporate compliance with the law. Despite this, controversies have arisen where corporate enterprises may have improperly flouted or evaded liabilities under the law. Against this background, it is argued in this book that it is necessary to ensure that responsible persons are accountable under the law so as to promote compliance with legal regulations in the corporate context. Individuals or entities behind the company who are responsible for wrongful conduct should be held liable under the law – whether it be tort law or statutory regulation. Some counter that the corporate law principles of limited liability and separate entity have the primacy to effectively shield those behind the company from at least certain types of liability. However, it is undesirable for corporate insiders to hide behind the company to avoid tortious or statutory liabilities. This book adopts a theory of interactive (corrective) justice that is applied in the corporate context to justify the imposition of civil liability on responsible directors, shareholders and other corporate participants under Anglo-Australian law. In light of this theoretical framework, possibilities of rectifying deficiencies in the law through judicial development of existing legal principles are examined. To the extent that appropriate directions in the law cannot be achieved via judicial development of the law, the book also investigates possibilities of statutory reform.

Corporate Governance and Statutory Derivative Actions

Corporate Governance and Statutory Derivative Actions
Author: Lang Thai
Publisher: Taylor & Francis
Total Pages: 240
Release: 2023-09-22
Genre: Law
ISBN: 1000958558

This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.

Company Law and Directors’ Duties in Sub-Saharan Africa

Company Law and Directors’ Duties in Sub-Saharan Africa
Author: Oludara Akanmidu
Publisher: Taylor & Francis
Total Pages: 197
Release: 2024-04-02
Genre: Business & Economics
ISBN: 1040014658

This book provides a critical analysis of the enforcement regime for breach of directors’ duties in sub-Saharan Africa. Focusing on Nigeria, Kenya, Ghana, and Tanzania, it interrogates the current ‘state of play’ regarding the enforcement of directors’ duties in sub-Saharan African countries. The book examines the effectiveness of enforcement, the reasons for its successes or failures and how it might be improved in these countries. Finally, taking into consideration the specific socio-cultural context of the countries in question, it offers persuasive and practical avenues for reform. This book will be of interest to scholars and practitioners of comparative corporate law and corporate governance in Africa.