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Articoli di riviste sul tema "Corporation law Australia"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 27 luglio 2024

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1

Lockwood, Peter. "Australia introduces controlled foreign corporation regime." Intertax 17, Issue 10 (October 1, 1989): 435–41. http://dx.doi.org/10.54648/taxi1989084.

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2

McEniery, Ben. "Physicality in Australian Patent Law." Deakin Law Review 16, no. 2 (December 1, 2011): 461. http://dx.doi.org/10.21153/dlr2011vol16no2art110.

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It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods — namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full C

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3

Castles, Madeleine, Tom Hvala, and Kieran Pender. "Rethinking Richardson: Sexual Harassment Damages in the #MeToo Era." Federal Law Review 49, no. 2 (March 9, 2021): 231–71. http://dx.doi.org/10.1177/0067205x21993146.

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The 2014 judgment in Richardson v Oracle Corporation Australia Pty Ltd (‘ Richardson’) had a seismic effect on workplace sexual harassment claims in Australia. Overnight, the ‘general range’ of damages awarded for non-economic loss in such cases increased from between $12 000 and $20 000 to $100 000 and above. The judgment has made Sex Discrimination Act 1984 (Cth) litigation considerably more attractive for plaintiffs and resulted in greater judicial recognition of the pain and suffering experienced by sexual harassment survivors. Richardson’s impact has also been felt beyond that immediate c

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4

Davies, Paul S. "INTERPRETATION AND RECTIFICATION IN AUSTRALIA." Cambridge Law Journal 76, no. 3 (November 2017): 483–86. http://dx.doi.org/10.1017/s0008197317000733.

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Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdicti

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5

Arzandeh, Ardavan. "RECONSIDERING THE AUSTRALIAN FORUM (NON) CONVENIENS DOCTRINE." International and Comparative Law Quarterly 65, no. 2 (April 2016): 475–91. http://dx.doi.org/10.1017/s0020589316000014.

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AbstractA quarter of a century after the High Court of Australia's landmark ruling in Voth v Manildra Flour Mills Pty Ltd, this article examines the application of the modern-day forum (non) conveniens doctrine in Australia. It outlines the prevailing view in the academic literature which claims that the Australian doctrine is functionally different from its English counterpart, articulated in Spiliada Maritime Corporation v Cansulex Ltd. Through a detailed assessment of the case law and commentary, this article questions that widely accepted orthodoxy and demonstrates it to be unpersuasive an

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6

Boughey, Janina. "Re-Evaluating the Doctrine of Deference in Administrative Law." Federal Law Review 45, no. 4 (December 2017): 597–625. http://dx.doi.org/10.22145/flr.45.4.6.

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It is frequently said that Australian administrative law does not have, and cannot accommodate, a doctrine of deference. These statements, from judges and commentators, tend to cite the High Court's decision in Corporation of the City of Enfield v Development Assessment Commission1 as authority. In that case, the High Court of Australia indicated that Australia's strict separation of powers, as manifested by the legality/merits distinction, does not allow courts to defer to administrative bodies in determining the meaning of ambiguous statutory provisions. Since Enfield, there have been consid

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7

Cleary, Paul. "Native title contestation in Western Australia's Pilbara region." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.

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The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous cor

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8

Mia, Parvez, Tarek Rana, and Lutfa Tilat Ferdous. "Government Reform, Regulatory Change and Carbon Disclosure: Evidence from Australia." Sustainability 13, no. 23 (November 30, 2021): 13282. http://dx.doi.org/10.3390/su132313282.

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This paper examines the effect of two Australian environmental regulatory changes, specifically the Clean Energy Act (CEA) 2011 and the National Greenhouse and Energy Reporting (NGER) Act 2007 with reference to voluntary corporate carbon disclosure practices. In doing so, it describes the brief history of this carbon-related regulatory change, its scope, enforcement criteria and corporations’ disclosures. This is a longitudinal analysis of 219 annual reports of 73 listed corporations in Australia which were subjected to carbon tax and report carbon emissions as per the CEA 2011 and NGER Act 20

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9

Rossame, Amelia, Sinta Dewi Rosadi, and Rika Ratna Permata. "Legal Protection of Telecommunication Service Customers' Personal Data as Trade Secrets in Merger And Acquisition Processes Based on Positive Law in Indonesia." Journal Research of Social Science, Economics, and Management 3, no. 3 (October 25, 2023): 603–19. http://dx.doi.org/10.59141/jrssem.v3i3.552.

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The fast advancement of information and communication technology has had a positive influence on society. The free and open transmission of knowledge is the ideal condition for its application. Meanwhile, information technology itself serves as a channel for information dissemination. Customer data received by telecommunications service providers is a trade secret of the corporation since it has economic worth, is confidential, and is kept confidential. Customer personal data, on the other hand, is sensitive and deemed harmful since telecommunications service providers indirectly gain from som

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10

Keyzer, Patrick. "Freedom of speech issues in Peach v Toohey and a hypothetical variant of that case." Pacific Journalism Review : Te Koakoa 10, no. 1 (April 1, 2004): 139–52. http://dx.doi.org/10.24135/pjr.v10i1.784.

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The purpose of this article is to consider the tensions within Australian free speech jurisprudence based on a hypothetical variant of the facts of the decision of the Supreme Court of the Northen Territory in Peach v Toohey. In particular, this article briefly explores the competing legal interests that operate when journalists seek access to restricted areas, in this case aborginal land, in the course of an investigation. After considering the case and the issues it raises the author develops a hypothetical that draws out some of the deeper tensions in this area of the law. The article concl

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Fraser JA, Hugh B. "2017 WA Lee Lecture: The Australian Law of Contractual Penalties." QUT Law Review 18, no. 2 (January 25, 2019): 111. http://dx.doi.org/10.5204/qutlr.v18i2.763.

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In 2005, in Ringrow Pty Ltd v BP Australia Pty Ltd,[1] the High Court (Gleeson CJ, Gummow, Kirby, Hayne, Callinan and Heydon JJ) observed that Lord Dunedin’s formulation in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd,[2] of the principles governing the identification, proof and consequences of penalties in contractual stipulations had endured for 90 years and had been applied countless times in the High Court and other courts. (The Court cited, as examples, O’Dea v Allstates Leasing System (WA) Pty Ltd,[3] Acron Pacific Ltd v Offshore Oil NL,[4] AMEV-UDC Finance Ltd v Austin,[

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Priya Kumari and Rishi Kumar. "Business Judgment Rule: Defense for the Directors in Cases of Alleged Breach of Duties." Legal Research Development: An International Refereed e-Journal 4, no. III (March 30, 2020): 34–43. http://dx.doi.org/10.53724/lrd/v4n3.04.

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In this article researchers will explain about Business Judgment Rule and how it can be used as a defence by the directors’ of the corporation. In simple language it can be said that the “Business judgment rule” is nothing but a judicially evolved doctrine derived out of case laws in the field of corporate laws. This doctrine has its origin in USA followed by U.K. The rule is in use in some form or the other in the common law countries e.g. whales, Australia, Canada, India &c. Australia has codified this rule under sec.1180(2) Corporations Act 2001, in South Africa Companies Act 71 of 200

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Reynolds, Rocque. "The Police Logic of Balancing the Interests in Copyright Law." Public Space: The Journal of Law and Social Justice 5 (December 9, 2010): 21. http://dx.doi.org/10.5130/psjlsj.v5i0.1874.

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This article examines the use of the phrase ‘balancing the interests’ in political debate relating to copyright law. I argue that this phrase no longer leads to broad debate on the proper balance to be struck between private, public and social interests in copyright law. Rather, today the phrase has come to represent a type of police logic which reflects the private interests of copyright owners and users as they already exist. Drawing on the work of Jacques Rancière I suggest that this balance of private interests may be upset by a strategy of ‘subjectivisation’ which challenges the existing

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14

Symes, Christopher F. "A new statutory director?s duty for Australia ? a ?duty? to be concerned about employee entitlements in the insolvent corporation." International Insolvency Review 12, no. 3 (2003): 133–45. http://dx.doi.org/10.1002/iir.112.

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15

Korah, Valentine. "Access to Essential Facilities under the Commerce Act in the Light of Experience in Australia, the European Union and the United States." Victoria University of Wellington Law Review 31, no. 2 (May 1, 2000): 231. http://dx.doi.org/10.26686/vuwlr.v31i2.5955.

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Drawing on recent developments in Australian, United Kingdom and United States jurisprudence, Professor Korah casts doubt on the approach recently taken by New Zealand courts in one of the most controversial areas of competition law: the access to its facilities that a corporation in a dominant position must give to its would-be competitors. She argues that before imposing such obligations courts ought to be more sophisticated in assessing the economic effects of such obligations and especially the need to preserve an incentive to make the considerable investment required to create such facili

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16

Wu, Fan. "Legal Imperatives and Regulatory Mechanisms for Sustainable Energy Development: A Comparative Analysis of Renewable Energy Policies in Australia and China." Lecture Notes in Education Psychology and Public Media 35, no. 1 (January 3, 2024): 206–11. http://dx.doi.org/10.54254/2753-7048/35/20232106.

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This thesis conducts a critical examination of the legal frameworks and regulatory mechanisms governing the renewable energy sector, focusing on the alignment of policies and incentives with sustainable industry development internationally. It compares Australia's and China's approaches to renewable energy legislation, highlighting Australia's heavy reliance on fossil fuels and China's pioneering legal measures. Australia's Renewable Energy Target (RET), Small-scale Renewable Energy Scheme (SRES), and the Clean Energy Finance Corporation (CEFC) are evaluated, along with state-level initiatives

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17

Hunt, Chris D. L. "GOOD FAITH PERFORMANCE IN CANADIAN CONTRACT LAW." Cambridge Law Journal 74, no. 1 (March 2015): 4–7. http://dx.doi.org/10.1017/s0008197315000112.

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IN Mellish v Motteux (1792) 170 E.R. 113, 157, Lord Kenyon observed that “in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith”. This passage echoes a similar statement by Lord Mansfield 25 years earlier in Carter v Boehm (1766) 97 E.R. 1162, 1910. Despite these early statements of principle, the modern common law has been notoriously hostile to the notion that contracting parties are under a general duty of good faith in the performance of their obligations (see W.P. Yee, “Protecting Parties' Reasonable Expectatio

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18

Backhouse, Kim, and Mark Wickham. "Corporate governance, boards of directors and corporate social responsibility: The Australian context." Corporate Ownership and Control 17, no. 4 (2020): 60–71. http://dx.doi.org/10.22495/cocv17i4art5.

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The challenge of corporate governance in Australian corporations is similar to those faced by the majority of corporations operating globally albeit the manner in which corporate governance is structured in Australia represents a strong reflection of the island continent’s people, egalitarian culture, and legislative framework. This article considers the legal framework in which Australian corporations operate within, which includes a discussion of corporate governance principles, the role of directors and ownership structures of companies in Australia. Australian board of director practices a

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19

Fowler, Mark, and Alex Deagon. "Recognising Religious Groups as Litigants: An International Law Perspective." Laws 13, no. 2 (March 18, 2024): 16. http://dx.doi.org/10.3390/laws13020016.

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The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, an

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20

Hanrahan, Pamela, and Tim Bednall. "From Stepping-Stones to Throwing Stones: Officers’ Liability for Corporate Compliance Failures after Cassimatis." Federal Law Review 49, no. 3 (May 19, 2021): 380–409. http://dx.doi.org/10.1177/0067205x211016573.

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Australian corporate law allows for significant civil penalties to be imposed by a court on negligent corporate officers, including directors. For more than a decade, Australian Securities and Investments Commission used civil prosecutions for negligence exclusively in situations where an officer is alleged to have exposed their corporation to foreseeable risk of harm that would flow from a contravention by the corporation of a regulatory or disclosure obligation. This enforcement strategy—known as ‘stepping-stones’—has been strongly criticised, including by Rares J in his 2020 dissenting opin

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21

Eom, Juhee, and Jae Hyeuk Yang. "Anti-corruption measures for non-profit corporations and public interest corporations : Focusing on Australian legal cases." Korea Anti-Corruption Law Association 7, no. 1 (February 28, 2024): 55–70. http://dx.doi.org/10.36433/kacla.2024.7.1.55.

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The prevention of corruption in non-profit organizations and public interest organizations that serve the public interest in the private sector plays an important role in pursuing the public good and enhances trust and confidence in the private sector. In our anti-corruption law system, prevention of corruption in the private sector is added to the provisions on breach of trust under criminal law. The Public Interest Whistleblower Protection Act regulates the protection of whistleblowers, and the Medical Service Act, Medical Device Act, Pharmaceutical Affairs Act, etc., are governed by regulat

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Kilian, Neels. "A South African–Australian Perspective on the Legal Implications Related to being “Entitled to Serve” as a Director." Potchefstroom Electronic Law Journal 23 (July 23, 2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8174.

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This article focuses on an Australian piece of legislation and interesting case law, as well as how the Federal Court of Australia has applied Australia’s Corporations Act 2001, to characterise a person as a de facto director – that is, as a professed director whose appointment as such was defective. In this regard, the decisions of that Court will, as envisaged in the Constitution of the Republic of South Africa 1996, constitute persuasive authority. The Australian decision to be discussed in this article is significant in that the South African Companies Act 71 of 2008 does not contain subst

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Chitimira, Howard. "A Comparative Synopsis of the Enforcement of Market Abuse Prohibition in Australia and South Africa." African Journal of Legal Studies 9, no. 1 (June 29, 2016): 46–77. http://dx.doi.org/10.1163/17087384-12342068.

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In Australia, the market abuse prohibition is generally well accepted by the investing and non-investing public as well as by the government. This co-operative and co-ordinated approach on the part of all the relevant stakeholders has to date given rise to an increased awareness and commendable combating of market abuse activities in the Australian corporations, companies and securities markets. It is against this background that this article seeks to explore the general enforcement approaches that are employed to combat market abuse (insider trading and market manipulation) activity in Austra

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Crockett, Michael, and Muhammad Jahangir Ali. "Auditor independence and accounting conservatism." International Journal of Accounting & Information Management 23, no. 1 (March 2, 2015): 80–104. http://dx.doi.org/10.1108/ijaim-02-2014-0008.

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Purpose – The purpose of this paper is to examine the efficacy of the current legislative provisions that protect auditor independence in Australia. The collapses of several high-profile companies (Enron and WorldCom in the USA, HIH insurance and OneTel in Australia) in the early 2000s has raised questions about audit quality and independence. In response, regulators have introduced new regulations and guidance to improve audit quality. In Australia, the Corporations Act 2001 (2001) was amended via the Corporate Law Economic Reform Program Act 2004. This study poses the question: do non-audit

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Moore, R. K., and R. M. Willcocks. "SOME COMMERCIAL ASPECTS OF PETROLEUM EXPLORATION AND MINING." APPEA Journal 25, no. 1 (1985): 143. http://dx.doi.org/10.1071/aj84014.

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The petroleum industry in Australia is at the centre of a web of complex laws. In addition to the legislation under which petroleum exploration and production tenements are granted there is a multiplicity of statutes and regulations, Commonwealth and State, which have a direct bearing on the conduct of those involved in exploring for or exploiting Australia's petroleum reserves. For example, the level of participation by foreigners is governed by the Commonwealth Foreign Investment Guidelines and the Foreign Takeovers Act 1975; the Commonwealth has control over the export of petroleum under th

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Nwafor, Anthony O. "The goal(s) of corporate rescue in company law: A comparative analysis." Corporate Board role duties and composition 13, no. 2 (2017): 20–31. http://dx.doi.org/10.22495/cbv13i2art2.

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The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions) Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016) has been adopted in the South African Companies Act of 2008. The goal(s) of corporate rescue in some of these jurisdictions are not clearly defined. The paper examines, through a comparative analysis, the relevant s

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Ma, Yue, Leslie Wong, Benjamin Steven Vien, Thomas Kuen, Jayantha Kodikara, and Wing Kong Chiu. "Quasi-Active Thermal Imaging of Large Floating Covers Using Ambient Solar Energy." Remote Sensing 12, no. 20 (October 21, 2020): 3455. http://dx.doi.org/10.3390/rs12203455.

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Melbourne Water Corporation has two large anaerobic lagoons at the Western Treatment Plant (WTP), Werribee, Victoria, Australia. The lagoons are covered using numerous sheets of high-density polyethylene (HDPE) geomembranes to prevent the emission of odorous gases and to harness biogas as a source of renewable energy. Some of the content of raw sewage can accumulate and form into a solid mass (called “scum”). The development of a large body of solid scum that rises to the surface of the lagoon (called “scumbergs”) deforms the covers and may affect its structural integrity. Currently, there is

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Carr, Claudia. "Corporate social responsibility, human rights and law firms." Alternative Law Journal 44, no. 3 (April 11, 2019): 220–25. http://dx.doi.org/10.1177/1037969x19834109.

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An increase in the power and reach of corporations has driven increasing concern with corporate responsibility. The social impact of corporations, including law firms, includes any interactions with human rights. This article argues that Australian law firms should engage more actively with human rights standards, and ensure that they are not unwittingly complicit in human rights violations. It identifies key areas in which law firms’ conduct may impact human rights, and suggests corporate responsibility practices and policies for adoption.

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Grantham, Ross. "The Proceduralisation of Australian Corporate Law." Federal Law Review 43, no. 2 (June 2015): 233–57. http://dx.doi.org/10.22145/flr.43.2.3.

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The central hypothesis of the paper is that bit by bit and largely unnoticed Australian corporate law has undergone a profound change. Australian corporate law, and particularly the Corporations Act 2001 (Cth), has moved from an essentially private law, substantive rights model, to one that seeks to regulate the company and those involved in its affairs through the prescription of processes and procedures by which corporate decisions may be made and by which the procedural correctness of those decisions is assured. The paper will also seek to demonstrate, by an analysis of the changes in the p

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Villiers, Bertus de. "Privatised Autonomy for the Noongar People of Australia – a sui generis Model for Indigenous Non-territorial Self-government." Verfassung in Recht und Übersee 53, no. 2 (2020): 171–89. http://dx.doi.org/10.5771/0506-7286-2020-2-171.

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The Noongar people of the federal state of Western Australia have recently entered into what can be described as the most comprehensive settlement of a native title claim that spans an area of 200 000 square kilometres. The Settlement lays the foundation of a sui generis model for indigenous and minority self-determination in Australia and beyond. The Settlement sits between the spheres of public law and private law and provides for a form of non-territorial autonomy that is unique not only to Australia. The Noongar people are acknowledged as the traditional owners of the entire area, albeit t

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Kapardis, M., and A. Kapardis. "Co-Regulation of Fraud — Detection and Reporting by Auditors in Australia: Criminology's Lessons for Non-Compliance." Australian & New Zealand Journal of Criminology 28, no. 2 (June 1995): 193–212. http://dx.doi.org/10.1177/000486589502800205.

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All companies (other than exempt proprietary ones) are required by the Corporations Law to have their books audited. For about 150 years there has been a controversy surrounding the auditors' role — whether they should be functioning as a ‘watchdog’ or a ‘bloodhound’. In recent years the auditing profession in Australia has been experiencing a credibility crisis. A spate of much publicised corporate collapses in the late 1980s at a time of economic recession has been instrumental in: (i) the Australian Securities Commission (ASC) adopting more heavy-handed ways of policing auditing standards;

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Latimer, Paul, and Michael Duffy. "Deconstructing Digital Currency and Its Risks: Why ASIC Must Rise to the Regulatory Challenge." Federal Law Review 47, no. 1 (March 2019): 121–50. http://dx.doi.org/10.1177/0067205x18816237.

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Digital currency is a ‘disrupter’ of financial services and currency markets, and as such presents new regulatory challenges. International regulatory responses to digital currency range from being largely ignored in some jurisdictions to being banned in others, with most jurisdictions charting a middle course of ‘wait and see’ while attempting to deal with pressing issues (such as taxation liability and potential money laundering and terrorism financing issues). This article explains digital currency, its benefits, its problems, its risks and the regulatory response so far. It analyses the ex

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Baiquni, Muhammad Iqbal, Septhian Eka Adiyatma, Atha Difa Saputri, Riki Julianto, Ridwan Arifin, and Nurul Fibrianti. "Criminalization Arrangements for Corporations (Comparative Study of Indonesia and Australia)." Unnes Law Journal 9, no. 2 (October 31, 2023): 489–508. http://dx.doi.org/10.15294/ulj.v9i2.74129.

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This research was conducted on corporate criminal liability arrangements in Indonesian legislation, with the long-term goal of harmonization of corporate criminal liability arrangements, so as to realize certainty, expediency and legal justice in law enforcement in Indonesia. To support the realization of harmonization in corporate criminal liability arrangements in the legislation, it is necessary to review corporate criminal liability arrangements in other countries, both those with the same legal system as Indonesia and with countries with a common law system, namely Australia. The research

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Schofield-Georgeson, Eugene. "Silent Partners? Trade Unions, Corporations and Penalty Privilege in the Federal Court of Australia." Federal Law Review 50, no. 1 (February 15, 2022): 86–103. http://dx.doi.org/10.1177/0067205x211066143.

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‘Penalty privilege’ is sometimes referred to as ‘the right to silence’ or more correctly the privilege against self-exposure to civil penalty. It is a procedural rule that applies equally to trade unions and corporations in Australian federal courts. This article critically investigates this equality of this treatment, revealing its historical evolution and arguing that it results in unequal outcomes, relative to the social and historical roles of unions and corporations. But it also discovers distinct incoherence in the application of penalty privilege, along with a host of related legislativ

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Popa, Tina, Anne Kallies, Vanessa Johnston, and Gabriella Belfrage-Maher. "Do Emerging Trends in Climate Litigation Signal a Potential Cause of Action in Negligence against Corporations by the Australian Public?" Climate Law 12, no. 3-4 (October 26, 2022): 185–215. http://dx.doi.org/10.1163/18786561-12030001.

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Abstract Over the past two decades a global jurisprudential trend of domestic climate litigation against governments and companies has emerged. One avenue for litigation against these entities is tort law. The tort of negligence could provide access to compensation for aggrieved individuals and groups. Using the example of Australia, this article discusses whether the emergence of climate tort cases, an increasing drive to hold corporations responsible for climate change, and a company focus on voluntary climate action, could lead to the emergence of a new duty of care by corporate actors towa

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Ramsay, Ian, and Lloyd Freeburn. "The Recent Australian Debate About Individual Liability for the Criminal Misconduct of Corporations." Business Law Review 42, Issue 5 (October 1, 2021): 214–20. http://dx.doi.org/10.54648/bula2021031.

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When should a director or manager of a company be personally liable because their company has committed a criminal offence? The question is both important and controversial because many of the laws that impose this type of liability (called deemed liability provisions) do so without the need to prove that the director or manager was personally at fault. The question has received much attention recently in Australia because of proposals by the Australian Law Reform Commission to significantly expand the circumstances when this type of liability would be imposed on directors and managers. Follow

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Sharwood, Michael, and Kim Seman. "FUND RAISING AND THE PROSPECTUS." APPEA Journal 34, no. 1 (1994): 897. http://dx.doi.org/10.1071/aj93071.

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Corporate regulation of fund raising has increased steadily since the 1960s, especially since the Corporations Law commenced in 1991. As a result of the Corporations Law and of amendments to the Listing Rules of Australian Stock Exchange Limited, it is now more complex and costly to raise funds for exploration.The fund raising concept of `offer to the public' has been replaced with a general prohibition on the offering of securities, subject to certain exceptions which are inconsistent in their application and limited in their usefulness.Although the ASC's objective was to obtain uniformity of

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Morrison, David. "Trustees in insolvency: the manifestation of Australia’s fascination with the use of the trust as a business vehicle." Trusts & Trustees 25, no. 10 (December 1, 2019): 995–1001. http://dx.doi.org/10.1093/tandt/ttz107.

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Abstract Corporate trustees are prevalent in the operation of businesses in Australia. However, the Corporations Act in Australia makes no express provision for the insolvency of a corporate trustee. Given that the trading trust is often used for commercial purposes in Australia, together with a corporate trustee, it is important that the law reflects a clear and consistent approach in the event of the insolvency of a business owned by a trading trust. It is opined that the position of an insolvent corporate trustee ought to be, as far as possible, dealt with consistently with that of a busine

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Thornton, Margaret. "Equality and Anti-Discrimination Legislation: An Uneasy Relationship." Law in Context. A Socio-legal Journal 37, no. 2 (August 28, 2021): 12–26. http://dx.doi.org/10.26826/law-in-context.v37i2.149.

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Despite the rhetoric of equality that infuses anti-discrimination legislation, a close analysis reveals that it is in-equality that is invariably privileged. With reference to the Australian example, this introductory article will show how the paradox is played out at multiple sites in terms of both form and substance, such as through the individualism and confidentiality of the complaint-based mechanism. A striking exclusion from the legislation is the attribute of class, the most significant manifestation of social inequality, which remains ineffable even when it significantly shapes other a

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Kamalnath, Akshaya. "Indigenous corporations: Lessons from Māori business forms." Alternative Law Journal 46, no. 3 (May 5, 2021): 232–35. http://dx.doi.org/10.1177/1037969x211014983.

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The economic and political empowerment of Indigenous people are linked although the issue of economic empowerment is often overlooked. This Brief analyses the corporate governance model and business structures used by Māori in New Zealand along with some developments in Canadian Indigenous businesses. Based on this, the Brief makes suggestions for proving the regulatory support and options available for Indigenous businesses in Australia.

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Dempsey, Gillian. "Socio-Legal Research and Insider Trading in Australia." Australian & New Zealand Journal of Criminology 29, no. 3 (December 1996): 265–75. http://dx.doi.org/10.1177/000486589602900304.

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Abstract (sommario):

Insider trading was the subject of extensive political debate from 1989 through to 1991, culminating in substantial amendments to the Corporations Law. The political climate for this legislative action was influenced by a high profile empirical study by Tomasic and Pentony asserting that insider trading was both widespread and harmful. This study is critically appraised with respect to a number of methodological issues and in particular, questions are raised as to whether the inferences drawn from the evidence are justifiable. Alternative methods for empirical research into the insider trading

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Bittle, Steven. "In the Land of Corporate Impunity: Corporate Killing Law in the United States." Journal of White Collar and Corporate Crime 1, no. 2 (June 2020): 131–39. http://dx.doi.org/10.1177/2631309x20921566.

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Abstract (sommario):

Since the early 2000s, a number of Western capitalist states, including Australia, Canada, and the United Kingdom, have enacted criminal laws aimed at holding corporations to account for negligently killing workers or members of the public. In the United States, however, the existing respondeat superior (vicarious liability) regime remains intact. Drawing insight from semistructured interviews with corporate lawyers, nongovernmental representatives, union/labor leaders, and academics, I argue the relative impunity for corporate killing in the United States has its roots in corporate power and

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Morgut, Milosz. "Extraterritorial Application of U.S. Securities Law." European Business Law Review 23, Issue 4 (July 1, 2012): 547–63. http://dx.doi.org/10.54648/eulr2012030.

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Abstract (sommario):

The globalization of securities industry resulted in many corporations deciding to cross-list on numerous exchanges and investors commonly trading on foreign markets. The multitude of overlapping regulatory regimes poses difficult questions not only for legal theorists but most importantly for the investors who seek remedies after suffering multibillion losses as a result of being deceived. The paper discusses the U.S. Supreme Court decision in Morrison v. National Australia Bank which dramatically changed the way in which the US securities regulation applies to foreign claims. The analysis lo

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Kilian, Neels. "Differences between Members and Shareholders of a Friendly Society and the Payment of Dividends: A South African–Australian Perspective." Potchefstroom Electronic Law Journal 24 (June 18, 2021): 1–32. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10733.

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Abstract (sommario):

This article focusses on a very specific problem statement, namely how shareholder society relationships are viewed in Australia and South Africa. Friendly societies are special "legal creatures" enjoying legal personality from the date and time of their registration (not as companies). In South Africa friendly societies have been in existence for more than 160 years, with the latest legislation being promulgated in 1956. As an unregistered company, the friendly society forms part of the South African business enterprise landscape and has both members and shareholders. The legal relationships

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MCCALLUM, RON. "THE AUSTRALIAN CONSTITUTION AND THE SHAPING OF OUR FEDERAL AND STATE LABOUR LAWS*." Deakin Law Review 10, no. 2 (July 1, 2005): 460. http://dx.doi.org/10.21153/dlr2005vol10no2art287.

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Abstract (sommario):

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>In this article, the author makes the serious point that labour laws based upon the “corporations power” under the </span><span>Australian Constitution </span><span>will be centred around corporations to the detriment of flesh and blood persons who interact with corporations. Wholesome labour laws seek to balance the rights, duties and obligations of employers and employees as equal le- gal actors in the processes of work and prod

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Pasculli, Lorenzo. "The responsibilization paradox: The legal route from deresponsibilization to systemic corruption in the Australian financial sector." Policing: A Journal of Policy and Practice 15, no. 4 (November 9, 2021): 2114–32. http://dx.doi.org/10.1093/police/paab068.

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Abstract (sommario):

Abstract Recent corruption scandals suggest that the legal structures developed to responsibilize corporations might paradoxically enable the systematization of corruption across entire industry sectors. This study uses grounded theory methodology to develop a preliminary theoretical model of the correlations between the law, responsibilization, and the causes of systemic corruption. Through a qualitative examination of documental evidence from the case study of the recent Australian banking scandal, this article conceptualizes a two-way process of ‘legal deresponsibilization’. On the one hand

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Cassim, Rehana. "A Critical and Comparative Analysis of Delegation and Reliance by Company Directors under the South African Companies Act 71 of 2008." African Journal of International and Comparative Law 32, no. 1 (February 2024): 125–48. http://dx.doi.org/10.3366/ajicl.2024.0477.

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Abstract (sommario):

Delegation by directors and reliance on third parties is an important practical issue. Directors unlawfully delegating their powers or relying on third parties could face serious consequences, such as liability for breach of fiduciary duties, or even disqualification from acting as directors. Uncertainty over when a director may appropriately delegate to or rely on others could foster an overcautious approach to managing the company’s affairs and impede the company’s decision-making processes. This article critically analyses the principles of directors’ delegation and reliance on third partie

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Hörisch, Jacob, Roger Leonard Burritt, Katherine L. Christ, and Stefan Schaltegger. "Legal systems, internationalization and corporate sustainability. An empirical analysis of the influence of national and international authorities." Corporate Governance: The International Journal of Business in Society 17, no. 5 (October 2, 2017): 861–75. http://dx.doi.org/10.1108/cg-08-2016-0169.

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Abstract (sommario):

Purpose This paper aims to compare the influence of different legal systems on corporate sustainability management practices. Against the background of growing internationalization of business activities, it additionally considers whether internationalization allows companies to circumvent the influence of national authorities. Design/methodology/approach Three legal systems are compared using regression analyses of more than 200 large corporations in five countries: common law (USA and Australia), German code law (Germany) and French code law (France and Spain). Findings The impact of nationa

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Choi, Joonseok. "Historiography of Interpretations of Television Format Copyright: A Political Economic Perspective." SAGE Open 13, no. 1 (January 2023): 215824402311583. http://dx.doi.org/10.1177/21582440231158329.

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Abstract (sommario):

Television formats (e.g., The Masked Singer) have been traded for 20 years without firm legal protection. This paper performs a political economic analysis of this uncertainty in the legal protection of formats by examining television format copyright infringement disputes in the United States, the Netherlands, Australia, and Brazil in the early 2000s. The cases show two dimensions of format copyright: the formation of the authorship of television formats and the construction of infringement. By examining the two dimensions of the cases, this paper demonstrates that the present state of televi

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Kaye, Bruce N. "Codes of ethics in Australian business corporations." Journal of Business Ethics 11, no. 11 (November 1992): 857–62. http://dx.doi.org/10.1007/bf00872364.

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