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Corporations Legislation 2016

Course Codes : LAWS3322, LAWS5104, 200018, LAW00004, BFA726

Corporations Legislation 2016

ISBN 9780455237305
Edition 2016
Publisher Thomson Reuters Australia
Publication Date
Corporations Legislation 2016 has an outstanding reputation for accuracy, dependability and reliability. This fully consolidated legislation book includes the Corporations Act 2001, Australian Securities and Investments Commission Act 2001 and associated Acts and legislation, capturing the latest amendments up to 1 January 2016. Designed for use by practitioners, business professionals and anyone with an interest in corporations law, the Corporations Act 2001 is supplemented with key section annotations updated by Sydney barrister Edmund Finnane. These section specific commentary notes provide additional guidance for the most important provisions. In addition, in the “Year in Review” feature, Professor Robert Baxt highlights significant corporations law developments since January 2015. Cross-references are included to indicate where particular sections of the Corporations Act have been affected by the Corporations Regulations, and to note related ASIC materials.  Key highlights: Amendments by the Corporations Legislation Amendment (Deregulatory and Other Measures) Act 2015  which included amongst other changes the abolition of the 100 member rule and changes to the reporting requirements in relation to executive remuneration. Decision by the High Court which held that once an order had been made granting an extension of time for bringing an application under s 588FF (3) (b) had expired, the rules of the State Courts and Territories could not apply to extend the time: Grant Samuel Corporate Finance Pty Ltd v Fletcher [2015] HCA 8. Decision by the High Court which upheld the availability of “shelf orders” for the extension of time to bring proceedings under  s 588F(3)(b):  Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2015] HCA 10. The Federal Court’s  decision covering takeovers and director’s duties in ASIC v Mariner Corporation [2015] FCA 589, in particular the statutory business judgment rule and clarifying the operation of s 631 (2). Exploration of what constitutes “oppression” under s 232 canvassed in Donaldson v Natural Springs Australia Limited [2015] FCA 498. Wide-ranging judgment with implications for how the Australian Takeovers Panel will consider declarations of unacceptable circumstances: Queensland North Australia Pty Ltd v Takeovers Panel  [2015] FCAFC 68 CONTRIBUTORS  Robert (Bob) Baxt AO is an Emeritus Partner at Herbert Smith Freehills Lawyers. He became a Consultant (in the role of an Emeritus Partner) in 2012 after serving as a partner in this firm for 8 years. Previously he had been a partner in another leading Australia commercial law firm. Bob, had previously been Dean of the Faculty of Law at Monash University for 8 years (from 1980-1988), and Chairman of the Trade Practices Commission (now the Australian Competition and Consumer Commission) for three and a quarter years (1988 -1991). He is the editor of the Company and Securities Law Journal published by Thomson Reuters, as well as the Australian Business Law Review and the Baxt Report. Bob is also the Chairman of the Law Committee of the Australian Institute of Company Directors and a member of the Executive for the Business Law Section of the Law Council of Australia. He has been the Chairman of the Law Committee of the Australian Institute of Company Directors since the mid-1990s and in that role, as well as in his position at the Law Council of Australia, he is heavily involved in the consideration of issues in the corporate law area. He is the author of a number of books and articles in the field of company law and corporate governance as well as competition law and policy. He has also written a number of books and articles in the corporate law area. He has been an advisor to various governments in relation to both these major areas of the law. Bob is the author of the Annual Review in Corporations Legislation. Edmund Finnane Edmund Finnane is a graduate of the Australian National University (Bachelor of Arts and Bachelor of Laws) and University of NSW (Master of Laws – Corporate and Commercial). He has practised as a barrister in New South Wales since 1997, prior to which he was a solicitor for 2 years. Edmund has a wide ranging practice in commercial law and equity. He is particularly interested in corporate insolvency, mortgage law, equity, deceased estates, professional liability and contractual and other commercial disputes. Edmund has published articles in the Commercial Law Quarterly and Law Society Journal. He is a director of the Commercial Law Association and is also the Deputy Chairman of that Association’s Legislative Review Task Force. Edmund has delivered seminars to members of the legal profession on areas including commercial damages, equity, insolvency law and de facto relationships law. He is co-author of two books: Finnane, Newton and Wood, Equity Practice and Precedents, Thomson Lawbook Co, Sydney, 2008. Azize, El Khoury and Finnane, Pleading Precedents (6th Edition),Thomson Reuters, Sydney, 2009 Edmund is the author of the annotations in the Thomson Reuters annual and online publication, Corporations Legislation.

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