Islamic banking and finance is still at the embryonic stage in Australia. There have been uncertainties as to how and to what extent the systems of governance at State and Federal levels should adapt in light of the difficulties faced by both local Islamic finance service providers and potential...

The debate surrounding the interaction between directors' duties and stakeholder interests has traditionally centred around the duty to act in good faith in the interests of the company. However, stakeholder interests are becoming increasingly relevant in relation to the duty of care. This was...

This article specifically addresses the theme of revitalisation of Australian law in the facilitation of purpose-based companies. It is the second of two articles on purpose-based governance in the charitable and for-profit spheres. Building on the first article, this article critically analyses...

In the famous Morrison v. National Australia Bank case, Justice Scalia mounted an attack on plaintiffs with tenuous connection to U.S. capital markets and attempted to rein in class actions against international corporations. Despite Morrison's broad implications, there is no consensus on its...

Australia has four anti-deferral regimes applicable to Australian residents that have interests in foreign entities. The regimes are (i) the controlled foreign companies (CFC) regime, (ii) the foreign investment fund (FIF) regime, (iii) the transferor trust regime, and (iv) the deemed present...

The introduction of proportionate liability for claims for purely economic loss and property damage arising out of tortious or contractual negligence, or misleading and deceptive conduct by corporations and others, will change the way litigation will be planned and conducted in Australia, as it...

Short selling is a topic that generated a great deal of interest during the 2007-08 global financial crisis, with concerns about the practice leading to wholesale reform of Australia’s short selling regulation. Since the GFC, short selling regulation in Australia has remained largely unchanged...

The Fair Work Act 2009 (Cth) has redrafted the old ‘transmission of business' provisions for awards and agreements as new ‘transfer of business' provisions. The new provisions differ considerably from the immediately prior Work Choices rules, and they also mark a change from the pre-Work...

This paper offers a comparative critique of one of the few aspects of the new Australian Consumer Law (ACL) that had no counterpart in prior domestic or New Zealand law. ACL Part 3-3 Div 5 belatedly adds a new obligation on suppliers to notify regulators of certain consumer product related...