DOCSLIB.ORG

The Australian Directors & Officers Liability And

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Australian Directors & Officers Liability And Registration Form & Tax Invoice Speakers ABN: 67 117 633 931 Michelle Dalton Bernard Murphy Directors & Officers Liability Symposium Director, Professional Risks Pty Ltd Maurice Blackburn Cashman 28 - 29 August 2006 - Sheraton on the Park, Sydney Michelle is admitted as a solicitor in Australia, New Zealand and the United Bernard Murphy is the Chairman of the Board of Maurice Blackburn Cashman Please note: (i) One delegate per Registration Form (The Registration Form can be copied). Kingdom. She has 10 years experience working for major insurance broking and is the senior principal of the Major Projects department which is (ii) This Registration Form can only be accepted if accompanied by full payment. houses in Australia, Sedgwick and Marsh as head of their Professional Lines Australia’s largest class action legal practice. (iii) Hotel rate is per room per night. Division in Melbourne. Michelle has been instrumental in establishing the D&O He has 26 years experience in litigation practice. He has acted in, supervised Delegate Details insurance policies for Australia’s largest corporations including Telstra, BHP, or advised on 16 class actions, including 6 shareholder class actions. and Coles Myer. In late 2003 he successfully concluded the GIO class action on behalf of the c Prof c Dr c Mr c Ms c Mrs c Miss In 2000 Michelle set up her own consulting business specialising in Directors shareholders which resolved for $112 million, the largest ever class action Surname: Given Name: & Officers Liability Insurance and Risk. settlement in Australia. Company/Organisation: He is currently acting on behalf of the shareholders in the Aristocrat Class Presents Position: Nick Foord-Kelcey Action which is a claim for between $120 - $200 million in damages, and the Address: Marsh Ltd, London largest claim of its type in Australia. State: Postcode: Country: Nick is the European Practice Leader for D&O, chairs the European D&O THE AUSTRALIAN Telephone: Facsimile: Advisory Board and a member of the Global D&O Advisory Board. Jan Redfern Email: Nick joined Sedgwick in 1965. After 18 months he moved to the groups ASIC DIRECTORS & OFFICERS Preferred Name for Badge: operations in South Africa where he was a specialist adviser on liability risks. Following Ms Jan Redfern’s appointment as Executive Director, Enforcement He returned to London in 1979 and was appointed to the board of Sedgwick at the Australian Securities and Investments Commission (“ASIC”) in Special Diet: U.K. London limited in 1987. When the Polly Peck scandal broke Nick saw the January 2004 she has been responsible for overseeing major litigation Disability Assistance Required: LIABILITY AND INSURANCE need to develop a D&O product for the U.K. He formed a team to develop and and investigations and has been instrumental in high interest enforcement IMPORTANT: For the purpose of catering, please () if you will be attending the social function. market this product. outcomes, including proceedings involving former directors of HIH and OneTel. Failure to () the box will be taken as non attendance. Symposium Cocktail Hour - c Monday SYMPOSIUM Ms Redfern was the Deputy Executive Director Enforcement from July 2001 and Registration Fees (GST Included) Emilios Kyrou from 1999 was General Counsel for ASIC’s New South Wales Regional Office. Received by Received after Mallesons Stephen Jaques MAIN 30/6/2006 30/6/2006 Emilios Kyrou specialises in dispute resolution, insurance law and government Ian Ramsay Full Registration Fee $ 990.00 $1100.00 law. He is a senior partner in the Dispute Resolution Group in the Melbourne University of Melbourne ANNOUNCEMENT One Day Registration Fee $ 770.00 $ 990.00 office with an extensive practice in commercial litigation, insurance law Ian Ramsay is the Harold Ford Professor of Commercial Law in the Faculty Day of Registration c Monday c Tuesday advice and litigation (particularly professional indemnity and directors’ of Law at The University of Melbourne, Australia, where he is Director of the and officers’ insurance) and associated areas such as legal professional Registration Fees SUB TOTAL AUD$ Centre for Corporate Law and Securities Regulation. He has practised law & REGISTRATION privilege, corporate indemnities, corporate governance and risk management. with firms in New York and Sydney. He is a member of the Takeovers Panel; Accommodation Emilios’ practice also encompasses government law. He is one of Australia’s member of the Corporations and Markets Advisory Committee; member of leading government law practitioners, particularly in the fields of freedom of the Federal Government’s Auditors and Liquidators Disciplinary Board and INFORMATION Sheraton on the Park Sydney: $270.00 per night c SINGLE c TWIN c DOUBLE information, statutory powers and review of government decisions. member of the National Law Committee of the Australian Institute of Company ACCOMMODATION DEPOSIT (Equal to one night’s room rate) AUD$ Directors and the Corporations Law Committee of the Law Council of Australia. Monday 28 & Tuesday 29 August 2006 Cameron McLisky Ian has published extensively on corporate law issues both internationally and Arrival Day/Date: Day Depart: Arrival Time: AIG Australia in Australia. His most recent book, published in 2005, is “Company Directors: Sheraton on the Park Accommodation special requests: Cameron is the Australian Financial Lines Manager for AIG Australia. Prior to Principles of Law and Corporate Governance” co-authored with Justice Robert 161 Elizabeth Street I wish to share my accommodation with: that he was the AIG NZ Financial Lines Manager. Austin and Professor Harold Ford. Sydney, New South Wales TOTAL PAYABLE AUD$ He has previously worked with General Reinsurance Company and Marsh Ltd Kathleen Harris OUR PRIVACY POLICY: By registering for this Symposium, relevant details will be held on a database by ProRisks and has been in the industry for 11 years. Cameron holds a Law Degree from Canterbury University. Mallesons Stephen Jaques Principal Speaker Sponsor Pty Ltd. A delegate list will be provided to all conference participants (name, position and organisation only). Information may also be made available to parties directly related to the Symposium including sponsors. If you do Kathleen Harris is Special Counsel at Mallesons Stephen Jaques, where she not wish your information be used in this manner, please () this� c. specialises in Dispute Resolution and Trade Practices. Payment may be made by cheque made payable to ProRisks Pty Ltd or by credit card and forward Kathleen currently represents some of Australia’s largest corporations in dealings Level One Sponsors with this registration form to: Adam Chylek with regulators, enforcement actions and complex civil litigation, including Mail: D&O Symposium Secretariat Telephone: (03) 5995 4599 Wotton & Kearney Conference Organising Group Facsimile: (03) 5995 4733 matters arising out of contraventions of Part IV of the Trade Practices Act. Adam is a partner at Wotton & Kearney. He has extensive experience in PO Box 5739, Cranbourne Victoria 3977 Email: [email protected] Prior to joining Mallesons, Kathleen worked in the United States where she Web: www.prorisks.com handling directors & officers liability claims. Other Supporting Sponsors was the Deputy Bureau Chief for the New York Antitrust Bureau for New York Credit Card Payment: In the last four years Adam has been involved in a significant number of Attorney General, Eliot Spitzer. During her tenure at the Antitrust Bureau, directors & officers claims including: acting for the D&O insurers of an Kathleen headed several major price fixing cartel matters, including acting as c Bankcard c MasterCard c Visa ONLY international tobacco manufacturer in respect of proceedings commenced in lead counsel for 46 US States in the international vitamins cartel litigation. the United States and Australia, acting for the D&O insurers of an international Card No. Kathleen also worked on the Microsoft antitrust case and was counsel for the automobile manufacturer in respect of proceedings commenced against US States in several complex antitrust cases including acting as lead counsel Expiry Date: / Card Holders Name: the company and directors for breach of contract and misleading/deceptive for the US States in the landmark case, In Re Cardizem Antitrust Litigation. Card Holders Signature: Date: / . conduct; and acting for the D&O insurers of a number of ex-FAI officers in relation to the HIH Royal Commission and related inquiries. Signature of person completing this form: Date: / . Invitation Registration Fees and Inclusions Program Professional Risks Pty Ltd in association with its sponsors is pleased to announce Registration will not be accepted without the completion of the registration form and the first annual Australian Directors & Officers Liability and Insurance Symposium. payment of the appropriate fees. MONDAY 28 AUGUST 2006 TUESDAY 29 AUGUST 2006 The D&O Symposium provides a unique opportunity for delegates to meet and Registration Fees (GST included) discuss recent trends and developments in D&O and exchange ideas and research 8.00am - 4.30pm Registration 8.00am - 4.15pm Registration Before 30 June After 30 June findings. 9.00am - 9.10am Symposium Opening Session 9.00am - 10.10am Does the Directors & Officers policy cover your risk? Full Registration Fee $ 990.00 $1,100.00 Why You Should Attend Welcome - Michelle Dalton and Lydia Harb - Directors, - A gap analysis of company indemnity verses the One Day Registration Fee $ 770.00
Load more

Recommended publications
  • Research Working Paper Series
    Research Working Paper Series Securities Lending, Empty Voting and Corporate Governance Associate Professor Paul Ali Melbourne Law School University of Melbourne Professor Ian Ramsay Harold Ford Professor of Commercial Law Melbourne Law School University of Melbourne Benjamin B Saunders Research Assistant Melbourne Law School University of Melbourne WORKING PAPER NO. 023/2014 MAY 2014 www.cifr.edu.au This research was supported by the Centre for International Finance and Regulation (project number E019) which is funded by the Commonwealth and NSW Governments and supported by other Consortium members (see www.cifr.edu.au). All rights reserved. Working papers are in draft form and are distributed for purposes of comment and discussion only and may not be reproduced without permission of the copyright holder. The contents of this paper reflect the views of the author and do not represent the official views or policies of the Centre for International Finance and Regulation or any of their Consortium members. Information may be incomplete and may not be relied upon without seeking prior professional advice. The Centre for International Finance and Regulation and the Consortium partners exclude all liability arising directly or indirectly from use or reliance on the information contained in this publication. www.cifr.edu.au 2 Centre for International Finance and Regulation Project: Evaluating the Impact of Securities Loans on Shareholder Rights and the Governance of Listed Companies RESEARCH REPORT 2: Securities Lending, Empty Voting and Corporate Governance Paul Ali, Associate Professor, Melbourne Law School, University of Melbourne Ian Ramsay, Harold Ford Professor of Commercial Law, Melbourne Law School, University of Melbourne Benjamin B Saunders, Research Assistant, Melbourne Law School, University of Melbourne Overview This paper examines the corporate governance implications of securities loans, in particular the impact of securities loans on shareholders’ voting rights and the control of listed Australian companies.
    [Show full text]
  • Corporate Law Teachers Association
    CORPORATE LAW TEACHERS ASSOCIATION REPORT OF THE PRESIDENT FOR THE YEAR ENDING DECEMBER 2001 Professor Ian Ramsay I was re-elected President of the Corporate Law Teachers Association (CLTA) at the annual general meeting of the Association held on 13 February 2001. The AGM was held during the annual CLTA conference. This Report outlines the activities of the CLTA for the year ending December 2001. Members will see this has been a very active year in terms of organising seminars and conferences. Executive Committee of the CLTA in 2001 Clause 4(b) of the CLTA constitution provides that the members of the Executive Committee shall be a President, Secretary, Treasurer, the immediately preceding past President and four other members. In addition, clause 6(d) provides that the Executive Committee may co-opt up to three additional members to form part of the Executive Committee. Based upon these provisions of the constitution, the Executive Committee of the CLTA for 2001 comprised: • Ian Ramsay, University of Melbourne (President) • Michael Adams, University of Technology, Sydney (Immediate Past President) • Christopher Symes, Flinders University (Secretary and Treasurer) • Stephen Bottomley (ANU) • Ross Grantham (University of Auckland) • Jennifer Hill (University of Sydney) • Dimity Kingsford-Smith (Monash University) • Phillip Lipton (RMIT) • Vanessa Mitchell (Victoria University of Technology) • Ralph Simmonds (Murdoch University) • Michael Whincop (Griffith University). 2001 CLTA conference The 2001 CLTA conference was held at Victoria University of Technology and there was a very good range of papers presented during the two days of the conference. There were both Australian and international speakers as well as speakers from the Australian Securities and Investments Commission.
    [Show full text]
  • Reform of the Broadcasting Authority's Enforcement Powers
    Reform of the broadcasting regulator’s enforcement powers A report prepared by Professor Ian Ramsay Sydney November 2005 ISBN 0 642 27074 0 © Commonwealth of Australia 2005 This work is copyright. Apart from fair dealings for the purpose of private study, research, criticism or review, as permitted by the Copyright Act 1968, no part may be reproduced or transmitted, in any form or by any means or process, without the written permission of the publishers. Published by the Australian Communications and Media Authority 201 Sussex Street Sydney NSW 2000 Australian Communications and Media Authority ii Foreword The commencement of the Broadcasting Services Act 1992 ushered in many positive changes to the regulation of broadcasting in Australia, particularly in the area of industry responsibility for codes of practice and the expansion of various new categories of service. While the regulatory framework has generally operated well, experience over the years has highlighted a lack of flexibility in enforcement measures available to the regulator under the Broadcasting Services Act. In particular the absence of a set of graduated powers did not always allow the then Australian Broadcasting Authority to deal with non-compliance with broadcasting rules in an appropriate manner. Accordingly, in 2004, the ABA asked Professor Ian Ramsay of Melbourne University to examine the effectiveness of the ABA’s existing enforcement powers and to make proposals to enable the ABA to deal more effectively with breaches of the rules. The Australian Communications and Media Authority is now pleased to release the results of Professor Ramsay’s research—his report on the regulator’s enforcement powers under the Broadcasting Services Act.
    [Show full text]
  • Art Gallery of New South Wales Annual Report 2005 Art Gallery of New South Wales General Information
    ART GALLERY ART GALLERY OF NEW SOUTH WALES NSW Art Gallery Road The Domain Sydney NSW 2000 Telephone: (02) 9225 1700 Information Line: (02) 9925 1790 Email (general): [email protected] For information on current exhibitions and events, visit the Gallery’s website www.artgallery.nsw.gov.au ART GALLERY OF NEW SOUTH WALES ANNUAL REPORT 2005 ART GALLERY OF NEW SOUTH WALES GENERAL INFORMATION ACCESS RESEARCH LIBRARY AND GALLERY SHOP PUBLIC TRANSPORT The Gallery opens every day except ARCHIVE Open daily from 10am to 5pm and until Buses: the 441 bus route stops at the ‘I have been in many museums around the world. You have a Easter Friday and Christmas Day The Gallery’s Research Library and 8.45pm each Wednesday night, the Gallery en route to the Queen Victoria between the hours of 10am and 5pm. Archive is open Monday to Friday Gallery Shop offers the finest range of art Building. The service runs every 20 national treasure here. Very impressive.’ Gallery visitor, 27 Feb 05 The Gallery opens late each Wednesday between 10am and 4pm (excluding books in Australia and also specialises in minutes on weekdays and every 30 night until 9pm. General admission is public holidays) and until 8.45pm each school and library supply. The shop minutes on weekends. Call the STA on free. Entry fees may apply to a limited Wednesday night. The Library is located stocks an extensive range of art posters, 131 500 or visit www.131500.info for number of major temporary exhibitions. on ground floor level and has the most cards, replicas and giftware.
    [Show full text]
  • 20 Years of the Australian Takeovers Panel
    THE PANEL IN A NED KELLY COUNTRY 20 YEARS OF THE AUSTRALIAN TAKEOVERS PANEL In his June 1972 article in the Australian Law Journal, Kim Santow mused that Australia should have an equivalent of the London Panel on Takeovers and Mergers – albeit with the recognition that penal sanctions would likely be required ‘in a Ned Kelly country still lacking a developed ‘City’’ Front cover: Grevillea bipinnatifida x banksii – ‘the Ned Kelly Grevillea’ THE PANEL IN A NED KELLY COUNTRY 03 Introduction The creation of an Australian Takeovers Kim continued to be a powerful advocate for a takeovers panel and served as one of its earliest Panel was not a new idea. For decades, members. Kim was well ahead of his time, in both the the late Hon Justice Kim Santow AO, idea for a panel but also for identifying that more former M&A partner of Freehill, broadly, ethics and business were going to be an Hollingdale & Page, Judge of the NSW important theme going forward. Supreme Court and Judge of the NSW On the 20th anniversary of the modern Takeovers Panel, Court of Appeal, argued for the creation we hope you enjoy reading The Panel in a Ned Kelly Country. of an Australian takeovers panel. In his June 1972 article in the Australian Law Journal, Kim Santow mused that Australia should have an equivalent of the London Panel on Takeovers and Mergers, albeit with the recognition that penal sanctions would likely be required ‘in a Ned Kelly country still lacking a developed ‘City’. ’ In referring to the London Panel, Kim noted: ‘One might hope that Australia could achieve a similar self governing system with all its advantages.
    [Show full text]
  • 05-06 Newsletter
    May 2006 Jock and Sue Wallace BMW Safari on the way to Dungog Member of the International Council The (Vice President’s) Editor’s Events Calendar To claim Clubman points for attending any listed events, someone attending must give the names of the event and the attendees to the President. Before confirming a ride please liaise with the Editor. MAY 2006 PRESIDENT: Sun 7th Social Sip and lunch. Harry’s Café de Wheels. Meet at Woolloomooloo Bay Warren Russell Warren Buffett Hotel at 12 noon, cnr Cowper and Bourke streets.Ride or take the train to 9744 2258 (NSW MCC rep) Martin Place, walk past the Art Gallery, across the Cahill Expy& down to 0411 076 941, 9622-4254 Cowper . [email protected] Thurs 11th Social Sip at North Nowra Tavern. Meet 6:30-7:00pm for dinner and a drink. Dave Blunn Live music after 8:00pm.(Nowra Group) 2nd Thursday of the month 0423 021 378 VICE-PRESIDENT: Sat12th Loaded Dog Rally Tarago Showground – Between Goullburn and Braidwood Dave Blunn th VACANT Sun14 People also congregate at the Loaded Dog pub Tarago- good for a day trip 0423 021 378 Sat 20th Lockhart Pub Stay (100km south of Wagga) at the Lockhart Commercial Warren Russell st Sun 21 Hotel. Meet at Nth Richmond BP at 8am or Marulen BP at 9am. 9744 2258 GENERAL SECRETARY: Call Ross at the Commercial Hotel : Ph 6920 5109 – see details inside Sat 20th Port Macquarie weekend with Triumph’ Group. Rob Tiedeman Sandra Gluck (NSW MCC rep) Sun 21st Ride via Walcha leaving Heather Brae Shell Servo (Raymond Terrace) at 9am 4963 1901 0419 022 025, 9823-1651 Accommodation details next month [email protected] th Fri 26 Drinks & Bistro Meal (if you wish 7.00 PM) Hexham Mossie Club (Hunter Rob Tiedeman group) Last Friday of the month.
    [Show full text]
  • 1248/P02I39 AFR Corp Govern
    Corporate Governance Summit Making sense of the changing regulatory framework 26 – 27 November 2002 – Hilton Sydney KEY CONTRIBUTIONS from: Government and regulatory perspectives from: Dick Warburton, Senator The Hon Helen Coonan, Chairman, David Jones, Caltex Australia Minister for Revenue John Ralph, Assistant Treasurer Chairman, Commonwealth Bank of Australia, Deputy Chairman, Telstra Senator The Hon Ian Campbell, Parliamentary Secretary to the M John Phillips, Treasurer Chairman, AGL, Chairman, IBJ Australia Bank Ltd The Hon Bob McMullan MP, Anne Keating, Director, S.T.W. Shadow Treasurer Communications Ltd, Macquarie Leisure Management Ltd and Omni Leisure Operations Ltd. Member, advisory boards of Professor Berna Collier, ABN Amro and E.Piphany Asia Pacific. Commissioner, Former board member, NRMA Australian Securities and Investments Commission The Hon Nick Greiner AC, Chairman, Baulderstone Hornibrook, Professor Allan Fels AO, Chairman, British American Tobacco. Chairman, Former Premier and Treasurer of New South Wales ACCC Tom Pockett, Chief Financial Officer, Supported by Official Publication Woolworths Ltd Dieter Adamsas, Chief Financial Officer and Deputy CEO, Leighton Holdings Doug Bailey, Chief Financial Officer, Woodside Australia Energy REGISTER NOW ☎ (+61 2) 9080 4307 www.ibcoz.com.au/corpgov (+61 2) 9290 3844 [email protected] Making sense of the chang DAY 12:20 Evolution of the CFO One: 26th November 2002 ❖ The evolution of the role from accountant to financial manager 8:00 Registration & Morning Coffee ❖
    [Show full text]
  • MATERIALITY in INSIDER TRADING: an Obstacle to Enforcement and Compliance
    MATERIALITY IN INSIDER TRADING: An obstacle to enforcement and compliance. Sophie Anne Cunliffe A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (Honours) at the University of Otago, Dunedin. October 2007 ACKNOWLEDGEMENTS Thanks Shelley for the advice and time you offered throughout the year. Thanks Mum, Dad, Ana, Jose and Ben for being a loving and supporting family. Thanks Andrew for the constant support (and the proof reading). Thanks Tess and the rest of the 9th floor office for putting up with me and my untidiness. CONTENTS INTRODUCTION ............................................................................................................................... 1 CHAPTER ONE: THE NEW INSIDER TRADING FRAMEWORK.................................................................... 3 A. The change from a fiduciary rationale to a market fairness rationale.......................................... 3 B. The Securities Markets Amendment Act 2006................................................................................ 5 1. The definition of “information”........................................................................................... 5 2. Possession of inside information.......................................................................................... 8 3. Information that is not generally available .......................................................................... 9 C. Material information under the Securities Markets Amendment Act 2006 ................................ 11 1.
    [Show full text]
  • Professor Ian Ramsay
    President's Annual Report CORPORATE LAW TEACHERS’ ASSOCIATION REPORT OF THE PRESIDENT FOR THE YEAR ENDING 31 DECEMBER 2000 Professor Ian Ramsay I was elected President of the Corporate Law Teachers Association (CLTA) at the Annual General Meeting of the Association held on 13 February 2000. The AGM was held at the conclusion of the annual CLTA conference. This Report outlines the activities of the CLTA for the year ending 31 December 2000 and also identifies new initiatives for 2001. Executive Committee of the CLTA in 2000 Clause 4(b) of the CLTA Constitution provides that the members of the Executive Committee shall be a President, Secretary, Treasurer, the immediately preceding past President and four other members. In addition, clause 6(d) provides that the Executive Committee may co-opt up to three additional members to form part of the Executive Committee. Based upon these provisions of the Constitution, the Executive Committee of the CLTA for 2000 comprised: Ian Ramsay (President) Michael Adams (immediate past President) Christopher Symes (Secretary and Treasurer) Elizabeth Boros Abe Herzberg Dimity Kingsford-Smith Philip Lipton Vanessa Mitchell Vij Nagarajan Roman Tomasic 2000 CLTA Conference The 2000 conference was held at the University of Wollongong and there was a diverse and interesting range of papers presented during the two days of the conference. The keynote speakers were: Alan Cameron, Chairman of the Australian Securities and Investments Commission Justice Kim Santow, Supreme Court of New South Wales Justice Robert Austin, Supreme Court of New South Wales John Kluver, Executive Director, Companies and Securities Advisory Committee. The 2000 conference was the third occasion on which the Institute of Chartered Secretaries awarded a prize for the best paper presented at the annual conference.
    [Show full text]
  • Corporate Law Teachers Association
    CORPORATE LAW TEACHERS ASSOCIATION REPORT OF THE PRESIDENT FOR THE YEAR ENDING DECEMBER 2002 This Report covers the activities of the Corporate Law Teachers Association (CLTA) for the year ending December 2002. I was elected President of the CLTA at the annual general meeting of the Association held at Monash University on 12 February 2002. The AGM was held during the 12th Annual CLTA conference. I succeeded Ian Ramsay who was President for 2000 and 2001. Ian’s energy, enthusiasm and organisational skill during his term were greatly appreciated by the Executive and the membership in general. On behalf of all members of the CLTA, I would like to thank Ian for his work, and I look forward to his continued input to the work of the Association. Executive Committee of the CLTA in 2001 The CLTA constitution in clause 4(b) provides that the Executive Committee of the Association shall be comprised of a President, Secretary, Treasurer, the immediately preceding past President and four other members. Clause 6(d) provides that, in addition, the Executive Committee may co-opt up to three additional members to form part of the Executive Committee. Based upon these provisions of the constitution, the Executive Committee of the CLTA for 2002 comprised: • Stephen Bottomley, ANU, (President) • Ian Ramsay, University of Melbourne (Immediate Past President) • Christopher Symes, Flinders University (Secretary and Treasurer) • Ross Grantham, University of Auckland • Jennifer Hill, University of Sydney • Dimity Kingsford-Smith, Monash University • Phillip Lipton, RMIT • Vanessa Mitchell, Victoria University of Technology • Vijaya Nagarajan, Macquarie University • Ralph Simmonds, Murdoch University • Michael Whincop, Griffith University John Nelson of the Institute of Chartered Secretaries also participated in all meetings of the Executive Committee during the year.
    [Show full text]
  • The Takeovers Panel: a Review
    The Takeovers Panel: A Review Ian Ramsay* Introduction It is now almost 20 years since the Takeovers Panel became part of the framework of takeovers regulation in Australia. The Panel was established in 1991 and was originally known as the Corporations and Securities Panel. The key power of the Panel was to declare circumstances to be unacceptable in relation to a takeover. This power had previously been vested in the National Companies and Securities Commission. However, there was a concern that it was inappropriate to vest in the corporate regulator the power of both investigation and adjudication and that a body independent of the Commission should have the power to adjudicate takeovers disputes. The first half of the Panel’s existence is widely regarded as unsuccessful. It could only act on a referral from the Australian Securities Commission. During the period 1991 to 2000, the Commission referred only four matters to the Panel. 1 Two years passed following the Panel’s establishment before the Commission referred the first matter to the Panel. It was almost another six years before the Commission referred the second matter to the Panel. When we examine the second half of the Panel’s existence the comparison is stark. In the 10 years since 2000 the Panel has decided more than 300 matters. It is regarded as having made a very important contribution to the effective regulation of takeovers in Australia. On 12 March 2010, the Minister for Financial Services, Superannuation and Corporate Law, the Hon Chris Bowen MP, issued a media release that stated: Over the past decade, the Panel has established itself as a key part of the regulation of capital markets in Australia by providing a fair, speedy and cost-effective mechanism to resolve disputes during takeover transactions.
    [Show full text]
  • Melbourne Law School, and Associate Professor Michelle Welsh, Department of Business Law and Taxation, Monash University
    Taxation Administration Amendment (Disclosure of Information) Regulation 2015 Submission by Associate Professor Helen Anderson, Professor Ian Ramsay, Professor Ann O’Connell, and Hannah Withers, Melbourne Law School, and Associate Professor Michelle Welsh, Department of Business Law and Taxation, Monash University. 21 May 2015 We thank Treasury for this opportunity to comment on the design of the proposed amendments to the Taxation Administration Act 1953 and the accompanying explanatory material. We are a group of academics in the second year of a three year Australian Research Council-funded project examining the regulation of illegal phoenix activity. Our aim is to devise ways in which this damaging behaviour can be most efficiently and effectively prevented and deterred, without damaging legitimate business activities to the detriment of the economy. Our most recent output is a major report entitled Defining and Profiling Phoenix Activity, which is available from the following URL: <http://law.unimelb.edu.au/cclsr/centre- activities/research/major-research-projects/regulating-fraudulent-phoenix-activity>. Part A of this submission outlines relevant background information. Part B considers the proposed Taxation Administration Amendment (Disclosure of Information) Regulation 2015 (this Regulation), specifically Item 2 of this Regulation: the listing of the Fraud and Anti-Corruption (FAC) Centre as a prescribed taskforce to address the growth of serious financial crime in Australia. A. Background The concept of phoenix activity broadly centres on the idea of a corporate failure and a second company (‘Newco’), often newly incorporated, arising from the ashes of its failed predecessor (‘Oldco’) where the second company’s controllers and business are essentially the same.
    [Show full text]