BILS blog
Students present at ACUR

As part of the Small Group Discovery Experience in their Corporate Law class in 2016, Georgia Brazenall, Julia Grigonis-Gore, and Joe Ho worked together to complete a research assignment on ‘Illegal Phoenixing within Australia’. “We never imagined this would be the start of an invaluable and truly exciting research journey,” the students said, after that assignment was developed into a presentation and paper which won the Prize for Best Paper at the 6th Australasian Conference for Undergraduate Research (‘ACUR’) held in 2017. (more…)

Posted in Beth Nosworthy, Corporate Regulation, Events, News | Tagged , , , ,
Leave a comment

As we process the announcement on Monday 28th August that APRA is going to take a cold hard look at the governance, culture and accountability at the Commonwealth Bank in its first public inquiry, Jenni Henderson of the Conversation takes a closer look.

The Australian Prudential Regulation Authority (APRA) has become the second regulator to independently investigate the Commonwealth Bank of Australia. Experts say the inquiry puts the regulator in the tricky position of being tough on bank scandals but juggling its close relationship with the government and the CBA.

The inquiry follows civil proceedings launched against the bank for being complicit in money laundering. (more…)

Posted in Corporate Governance, Corporate Regulation, News, Suzanne Le Mire
Leave a comment
Australian Constitution title page

If you place yourself, for a moment, back one year to 2016, it is hard to imagine that s 44 of the Australian Constitution would be such a cause celebre in 2017.[1]  Section 44 states that ‘any person who:

  1. is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
  2. is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
  3. is an undischarged bankrupt or insolvent: or
  4. holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
  5. has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.’  Although s 44 has been recommended for amendment by past Constitutional Commissions due to the uncertainty created by its drafting,[2] few anticipated the breadth of its impact in 2017. (more…)

Posted in Beth Nosworthy | Tagged , , , ,
Leave a comment

On Wednesday 16th August, the Law School together with the Tax Institute held an event on the topic ‘How to tell people what you know’. Two speakers from the Adelaide Law School Professor Chris Symes, Dr Beth Nosworthy and partner, Matthew Andruchowycz from DMAW Lawyers provided useful advice in relation to how to develop good […]

Posted in Beth Nosworthy, Chris Symes, Events, News, Sylvia Villios
Leave a comment

This article takes a historical examination of superannuation law and its reform and observes the resulting complexity. Australian Governments over the years have adopted or ignored recommendations from various inquiries addressing superannuation reform and this article finds the major drivers of reform have included efficiency (including by structural change, regulation and cost reduction), flexibility, member […]

Posted in News, Superannuation, Taxation
Leave a comment

In the 2016-17 Federal Budget, the Government announced that it would introduce a diverted profits tax (DPT). The DPT will come into effect on 1 July this year and will imposes a 40% tax on company profits it deems to have been diverted offshore. The DPT intends to ensure that the tax paid by significant […]

Posted in Taxation
Leave a comment

On 31 May 2017, reported that a 62% majority voted in favour of a shareholder proposal calling on ExxonMobil to ‘assess and disclose how it is preparing its business for the transition to a low-carbon future.’  This proposal was co-filed by institutional investors, including the New York State Common Retirement Fund and the Church […]

Posted in Beth Nosworthy, Corporate Governance, Corporate Regulation | Tagged , , ,
Leave a comment

NSW Court of Appeal, Schemes of Arrangement and Classes- the Boart Longyear case [2017] NSWCA 116 (26 May 2017)

Posted in David Brown | Tagged , , , ,
Leave a comment

The official launch of the Research Unit on the Regulation of Corporations, Insolvency and Taxation (ROCIT) to be celebrated with a public lecture by Professor Joan Loughrey.

Posted in Beth Nosworthy, Chris Symes, David Brown, Suzanne Le Mire | Tagged , , , ,
Leave a comment

A recent open letter to the Prime Minister signed by a number of Australian corporate leaders advocating the legalisation of same sex marriage sparked both approbation, on the basis that they were championing an issue relevant to their businesses, and critique, on the basis that they were improperly intervening on a moral issue. Each side […]

Posted in Corporate Governance, Suzanne Le Mire | Tagged , , , , , ,
Leave a comment