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Corporations Legislation 2020

Corporations Legislation
2020

Thomson Reuters’ Corporations Legislation 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 related legislation capturing the latest amendments up to 1 January 2020.

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Highlights

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, Jason Harris highlights significant corporations law developments since January 2019.

Key corporations developments during 2019 include:

  • The treatment of trust property when a corporate trustee enters receivership was considered in Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 93 ALJR 807; [2019] HCA 20.
  • Connective Services Pty Ltd v Slea Pty Ltd (2019) 93 ALJR 1079; [2019] HCA 33 considered the scope of the financial assistance provision in s 260A.
  • Operation of continuous disclosure laws as well as directors’ duties considered in ASIC v Vocation Ltd (in liq) [2019] FCA 807.
  • Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (Cth). This Act reshapes the operation of civil and criminal penalties under the Corporations Act, including increasing maximum penalties, changing the way criminal penalties are calculated, introducing a new relinquishment order and extending civil penalty provisions.
  • Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 (Cth). This Act introduces a new product intervention power for ASIC and imposes new obligations on the design and distribution of certain financial products.

Authors

Edmund Finnane

Edmund Finnane is a graduate of the Australian National University (Bachelor of Arts and Bachelor of Laws) and the University of New South Wales (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 two 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 is the General Editor of the Company and Securities Law Journal, published by Thomson Reuters.

Edmund has published articles in the Commercial Law Quarterly and Law Society Journal. He is a director of the Commercial Law Association. 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 (2nd edition), Thomson Reuters, 2019;
  • Azize, El Khoury and Finnane, Pleading Precedents (6th edition), Thomson Reuters, 2009.

Jason Harris

Jason Harris is Professor of Corporate Law in the Sydney Law School at The University of Sydney where he teaches and researches in corporate law, corporate insolvency law and contract law. Jason has been teaching corporate law for 19 years and has taught previously at UTS, UNSW and the ANU and in 2017 served as President of the Corporate Law Teachers Association.

Jason is an active researcher in the corporate and commercial law fields having published 13 books, including Keay’s Insolvency (with Michael Murray, published by Thomson Reuters), the Annotated Personal Property Securities Act (with Nicholas Mirzai, published by Wolters Kluwer), Australian Corporate Law (with Anil Hargovan and Michael Adams, published by LexisNexis) and Company Law: Theories, Principles and Applications (published by LexisNexis). Jason has published over 90 articles in scholarly and professional journals. His research has been cited in more than 25 Supreme Court and Federal Court decisions and by the High Court of Australia, as well as in parliamentary inquiries and by the Productivity Commission and CAMAC. Jason sits on the editorial board of the Australian Journal of Corporate Law.

Jason is a fellow of the Governance Institute of Australia, a member of the Corporations and Insolvency Law Committees of the Business Law Section of the Law Council of Australia, a member of the Law Committee of the Australian Institute of Company Directors and an academic member of ARITA and INSOL International.

From 2004-2009, Jason wrote the case law annotations to the legislation contained in this book.

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Corporations Legislation 2020 contains the following legislation:

  • Corporations Act 2001
  • Corporations Regulations 2001 (except Sch 2 Forms)
  • Insolvency Practice Rules (Corporations) 2016
  • Australian Securities and Investments Commission Act 2001
  • Australian Securities and Investments Commission Regulations 2001
  • Corporations (Fees) Act 2001
  • Corporations (Fees) Regulations 2001
  • Cross-Border Insolvency Act 2008
  • Cross-Border Insolvency Regulations 2008
  • Acts Interpretation Act 1901 (as at 1 Jan 2005)

Features of the publication

Corporations Legislation 2020 offers an extensive range of features to assist practitioners and students working with the Corporations Act 2001 and related legislation.

Features include:

  • Key section authored annotations provide additional guidance on selected provisions.
  • Annual Review highlighting the major corporations developments in the preceding year.
  • History notes including the date of effect of the amending provision.
  • Navigation tools supports easy reading and fast access to legislation sections, with the use of thumb tabs, running heads and section references.
  • Side notes displayed in bold type inside square brackets to the right of a subsection number and clearly distinguished from the legislation and are designed to aid in the interpretation of the relevant subsections, where no subsection is contained within the actual text of the legislation.
  • Cross-references to regulations are included at provision level, indicating where a particular regulation affects a section of the Corporations Act 2001 (Cth).
  • Cross-references to related ASIC materials including ASIC Regulatory Guides, Class Orders and Forms are noted at section level.
  • Subject index
Corporations Legislation 2020
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