Australian Business Law Review, Vol 48, Part 1

ABLR Vol 48, Part 1 has just come out. Plenty of excellent reading in relation to insolvent trading liability, class actions, whistleblowing laws, unfair contract terms, intellectual property and legal professional privilege.

* The “Safe Harbour” Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views – Ian Ramsay and Stacey Steele

* To Bar Order, or Not to Bar Order: Facilitating Settlement in Australian Anti-Cartel Class Actions – Bethany Moore

* Reforming Private Whistleblower Protections – What Next in Australia? – David A Chaikin

* Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities Between 2004 and 2018 – Tony Ciro and Bülend Terzioglu

* Making Liars of Us All! – Ian Tonking SC

* In-house Counsel, the Requirement of Independence and Legal Professional Privilege – Martin v Norton Rose Fulbright Australia (No 2) [2019] FCA 96 – Michael Legg

I hope you enjoy the edition!

ACCC applies to the High Court for special leave to appeal Pacific National merger decision

It is a good idea for the ACCC to seek Special Leave to appeal this decision to the High Court. Although I think the ACCC are unlikely to win in the High Court, we really need some guidance from the High Court on the appropriate tests to apply to merger evaluation. The mess created by Emmett J in the "Messcash" case (as I like to call it) really needs to be sorted out.

https://lnkd.in/gWBmPAa

See also my article on the Metcash case - https://lnkd.in/gxhKbE4

Australian Business Law Review, Vol 47, Part 6

The Special Personal Property Security Act (PPSA) edition of the ABLR has just come out with Guest Editor The Hon Emeritus Professor Ralph Simmonds.

We are celebrating the 10th Anniversary of the enactment of the PPSA with four articles from specialists in the area:

* Function, Form, Fixed, Floating and Forge: Filtering Out Pre-PPSA Concepts in a Post-PPSA World – Linda Widdup

* The Floating Charge under the PPSA: The Current State of Play – Sheelagh McCracken

* Registration Errors under the PPSA: A Case Law Inventory and Analysis – Martin Lovell and Oliver Radan

* The Use of Overseas Case Law in the Australian PPSA – David Brown

Special Children's Christmas Party

Happy to be supporting the Special Children's Christmas Party for the ninth year.

The impact of COVID-19 on the ACCC's 2020 Enforcement and Compliance Priorities

Learn about the Australian Competition and Consumer Commission (ACCC) 2020 compliance and enforcement priorities, and how Australia’s consumer watchdog plans to navigate the economic disruption caused by COVID-19.

Hear from ACCC Commissioner, Sarah Court and Competition and Consumer legal expert, Michael Terceiro on the impact of COVID-19 on the ACCC's 2020 priorities.

Join our complimentary webinar on 12 May from 1.30-2.30pm AEST. Register here https://bit.ly/2SmWrWu

Australian Business Law Review vol 47, Part 5

ABLR Vol 47, Part 5 is out.

Four excellent articles and one timely Section Note:

* Finding the Balance between Profit and Purpose: Should Australia Create a Legal Structure for Social Enterprise? by Alice Klettner

* Sponsor Pressure to Discipline Employees Who Have Expressed Unwelcome Views and Reform of the Business Torts in Australia by Anthony Gray

* Proof of Collusion: The Evidentiary Options When There Is No “Smoking Gun” by Genevieve Rahman and Tina Sun

* “Fair in All the Circumstances”: AFCA’s Discretion to Resolve Disputes by Nick Beaumont SC

* Australia’s Franchising Code of Conduct Review – a Continuation Down the Path of Jamming a Square Peg into a Round Hole? by Jenny Buchan.

I hope you enjoy the articles.

Enhancements to Unfair Contract Term Protections

Attended the Sydney consultation in relation to the proposed enhancements to Unfair Control Term Protections run by Treasury today representing the SME Committee of the Law Council of Australia.

https://consult.treasury.gov.au/consumer-and-corporations-policy-division/enhancements-to-unfair-contract-term-protections/