CORPORATE LAW TEACHERS ASSOCIATION CONFERENCE 20/20 HINDSIGHT: REFLECTIONS ON PERCEPTIONS OF TRUST IN CORPORATIONS

2–4 February 2020 Caulfield campus

monash.edu/business/clta2020 CLTA CONFERENCE 2020

GENERAL INFORMATION

Guest WIFI details Monash free WIFI is available throughout the campus. How to connect: 1. Select Monash free WIFI on your device 2. Launch an internet browser, and click the “I accept” button 3. Don’t forget to disconnect when you’re done

Name tags Please wear your name tag at all times during the conference events. You will need your name tag to enter the Conference dinner.

Catering Lunch, arrival coffee and morning and afternoon teas will be served. See the main conference program for details.

Dietary requirements Vegetarian options will be available with each meal break. Care has been taken to ensure all advised dietary requirements are catered for.

Student ambassadors We are fortunate to have some enthusiastic student ambassadors to help out at the conference. They will be there to assist with setting up of presentations and also to assist with any queries that might come up during the day.

VENUES

Conference , Caulfield campus Building H, Levels 2, 8 and 9 900 Dandenong Road Caulfield East

Conference dinner State Library Isabella Fraser Room Entry 5 179 La Trobe Street

2 CONFERENCE PROGRAM – DAY 1 Venue: Building H, Caulfield Campus

SUNDAY 2 FEBRUARY 2020

2.00pm Registration desk open Location: Level 8 reception

2.30pm TEACHING SESSION Location: The Pavilion, H806 Panel Discussion Student Focus in Corporate law – engagement and disruption Associate Professor Melissa Castan Dr Catrina Denvir Dr Jennifer O’Reilly

3.30pm TEACHING SESSION Location: The Pavilion, H806 Never Odd or Even: Universal Design for Learning and Multifunctional Multimedia Dr Andrew Moshirnia

4.30pm Welcome Cocktail Reception Location: The Pavilion foyer, H804

6.00pm Day concludes

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CONFERENCE PROGRAM – DAY 2 Venue: Building H, Caulfield Campus

MONDAY 3 FEBRUARY 2020

Registration desk open, coffee on arrival Location: 8.30am Level 8 reception

9.00am Conference opening and introductions Location: Professor Michelle Welsh, Monash Business School The Pavilion, H806 Professor Robert Brooks, Deputy Dean, Monash Business School Professor Suzanne Le Mire, Deputy Dean, Faculty of Professions, University of Adelaide and CLTA President

9.15am PLENARY PRESENTATION Location: The Pavilion, H806 Trust in Corporations and Other “Bullshit” Discourses: What Really Matters? Professor Lorraine Talbot, University of Birmingham Chair: Professor Michelle Welsh, Monash Business School

10.30am Morning tea

11.00am PLENARY PANEL Location: The Pavilion, H806 The Impact of Royal Commission on Corporate Boards, Corporate Governance and Corporate Culture: the views of the profession Panel members: Bob Santamaria, former Group General Counsel, ANZ Bank Heather Loewenthal, Partner Governance, Regulation and Conduct, Deloitte Marie McDonald, Non-executive Director of CSL, Nanosonics and Nufarm Chair: Professor Jennifer Hill, Bob Baxt Chair in Corporate and Commercial Law, Monash Law School

12.15pm Lunch

CONCURRENT SESSIONS Parallel 1A Parallel 1B Parallel 1C Parallel 1D Parallel 1E Financial services Corporate governance Corporate legal Directors & insolvency Roundtable Location: H921 Location: The Pavilion, H806 personality Location: H235 Location: Level 8 Boardroom Chair: Peta Spender Chair: Ellie Chapple Location: H813 Chair: Jennifer O’Reilly Chair: Michael Duffy Chair: Suzanne Le Mire

1.15pm Billion Dollar Bonfires – The Cultural Impact of The Corporation and Superfluous or Superlative: This roundtable has been A Comparative Study of Employees: Regulation Community: The Legal The Role of Reckless/ conceived to both share Regulatory Failure in the under sections 182-183 Mechanics of Mistrust Insolvent Trading comments on the book Non-bank Finance Sector Beth Nosworthy Duncan Wallace prohibitions in New Citizen Capitalism: How a in and NZ Zealand, Australian and Universal Fund Can Provide John Farrar South Africa Directors’ Influence and Income to All Duties Regimes and remember Professor Julie Cassidy Lynn Stout, who co- authored the book

1.45pm Product Intervention Power: Shareholder Primacy and Should New Zealand Should I Stay or Should I Participants: Enhancing Consumer its Challengers and India adopt Lord Go: A Proposal for Reform Alexandra Andhov, Trust or An Indictment of Andrew Obeid and Sumption’s ‘evasion’ of the Insolvent Trading Meredith Edelman, the Financial Services Tim Connor principle? Laws in Australia Sergio Gramitto, Industry? Matt Berkahn, Lindsay Andrew Smith Pamela Hanrahan, Marina Nehme Trotman and Bindu Ronald Jennifer Hill, Phillip Lipton, 2.15pm Rebuilding Trust in the Reflection on “Good Faith” The Legal Nature of Shares Creditor Defeating Saule Omarova, and Richard Stevens Financial Planning Industry: under s.237(2)(b) of the Dispositions Susan Watson Lessons from the UK Corporations Act 2001 in Anna Giardina and Weiping He and Statutory Derivative Actions Stephanie Bruce Han-Wei Liu Lang Thai

2.45pm Afternoon tea

4 CONFERENCE PROGRAM – DAY 2 continued

MONDAY 3 FEBRUARY 2020

CONCURRENT SESSIONS Parallel 2A Parallel 2B Parallel 2C Parallel 2D Parallel 2E Corporate ownership Corporate governance Corporate legal Crowdfunding & trust in Takeovers & trust structures Location: The Pavilion, H806 personality corporations Location: H237 Location: H921 Chair: Liz Campbell Location: H813 Location: H235 Chair: David Wishart Chair: Jennifer Hill Chair: Michael Duffy Chair: Jean Du Plessis

3.15pm Institutionalizing Political The Corporation, Corporate The Utilisation of Equity Crowdfunding – Adaptions of the United Influence in Business: Law and Slavery: A New Evolutionary Concepts in A New Way to Build “Trust” Kingdom Takeover Understanding Corporate Stage in the Relationship? Legal History: Company in the Company Panel in Hong Kong and Party Organizations in Paul Redmond Law as a Case Study Steve Kourabas Singapore: Convergence or Phillip Lipton Divergence? Lauren Yu-Hsin Lin Emma Armson

3.45pm Capitalist Variations in Purpose-based Governance Metaphysics and the 20/20 Hindsight: Reflections Restoring Public Trust: ‘Say on Pay’: A Look at Rosemary Langford Corporation on Perceptions of Trust in An Inevitable Necessity to Corporate Governance Jonathan Barrett Corporations Sustain Corporate Success Contradictions in Singapore Steven Stern in Australia and Hong Kong Afroza Begum Lance Ang

4.15pm Related Party Transactions Multinational Enterprise Trusting Other People: The Hocus Pocus of in the context of Ownership and Corporate Governance The Artificial Person in the Corporate Purpose and Structures: of Foreign Subsidiaries: AI Age the Introduction of Social A Multi-Country Study. Can the Law Find an Susan Watson Enterprises Kaushiki Brahma Acceptable Balance Akshaya Kamalnath between Risk and Responsibility? Alice Klettner

4.45pm Day 2 concludes

6.30pm Pre-dinner drinks followed by dinner at the Isabella Fraser Room, State Library Entry 5, 179 La Trobe Street, Melbourne

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CONFERENCE PROGRAM – DAY 3 Venue: Building H, Caulfield Campus

TUESDAY 4 FEBRUARY 2020

9.00am Registration desk open, coffee on arrival Location: Level 8 reception

9.30am PLENARY PRESENTATION Location: The Pavilion, H806 Fiduciary Capitalism: Building Trust through Responsible Financing Professor Benjamin J Richardson, University of Tasmania Chair: Dr Anita Foerster, Monash Business School

10.30am Morning tea

CONCURRENT SESSIONS Parallel 3A Parallel 3B Parallel 3C Parallel 3D Parallel 3E Sustainability Corporate governance Shareholders’ remedies Disclosure Human rights Location: H921 Location: The Pavilion, H806 Location: H813 Location: H235 Location: H237 Chair: Anita Foerster Chair: Vicky Comino Chair: Anil Hargovan Chair: Susan Watson Chair: Beth Nosworthy

11.00am Superannuation firms Fiduciary Care, Paradigms of Shareholder Chinese Cross-border Listed Corporate Power, Corporate as drivers of corporate Wrongfulness, and The Withdrawal in Close Companies’ Struggles in Responsibility and Employee sustainability Benefit of Hindsight: (How) Corporations: Insights Australia: Cause Analysis Freedom of Speech and Vijaya Nagarajan Does the Business from An Anglo-German from a Theoretical and Belief Judgment Rule Benefit Comparison Comparative Perception Paul Redmond Common Law Jurisdictions? Alan Koh Belle Qi Guo Richard Bradstreet

11.30am Using Corporate Law to Directors’ Duties in the Profiling Oppression Disclosure Philosophy for Corporations and Define the Role of the Eyes of Chinese Judges Proceedings the Securities Market in Human Rights Corporation in Responding Jenny Fu and Genevieve Grant and Bangladesh: Not a Pearl Rebecca Faugno and to Climate Change? Roman Tomasic Esther Lestrell Inside an Oyster Sagi Peari Anita Foerster SM Solaiman

12.00pm Aesthetics and Corporate CSR, Corporate Culture, Oppression Remedy in Trust and Disclosure: The Modern Slavery Reporting Greenwashing Governance Governance and Liquidation Effectiveness of Market Practices in Australian Ben Richardson Remuneration Nadia Hess Operator Monitoring in Financial Services: Building Shirley Quo Improving the Environment Stakeholders’ Trust for Corporate Disclosure Shakoor Ahmed Ellie Chapple

12.30pm Lunch and CLTA Annual General Meeting Location: The Pavilion

Parallel 4A Parallel 4B Parallel 4C Parallel 4D Parallel 4E Sustainability Enforcement & regulators Market integrity and Technology Stewardship Location: H921 Location: The Pavilion, H806 insolvency Location: H235 Location: H237 Chair: Petra Mahy Chair: Michael Duffy Location: H813 Chair: Sergio Gramitto Chair: Jennifer Hill Chair: Meredith Edelman

1.30pm Investor Decision-making Class Actions in Australia: Maintaining Trust and Artificial Intelligence and Australian Investor on Climate in Australia: an Rent-Seeking Entrepreneurs Confidence in Market Corporate Boards: Ethical Stewardship and Global Empirical Study or Regulatory Node? Integrity: The Relevance Implications Trends in Regulation Anita Foerster and Peta Spender of General Deterrence in Vivienne Brand Natania Locke Kym Sheehan Insider Trading Cases Juliette Overland

2.00pm Responsible Investment No Enforcement Panacea: Putting the Wind Back in The Impact of Technology Stewardship for Controlling and Sustainable Food Why the new litigation the Sails: Restructuring on Corporate Governance? Shareholders: The Case of Systems focus by APRA and ASIC, Insolvent Foreign Shipping Michael Adams Singapore Christine Parker the prudential and conduct Companies under Chinese Samantha Tang regulators, won’t repair Law poor perceptions of trust in Casey Watters Australian corporations Helen Bird

2.30pm Law Reform for Role and Effectiveness of Impact of Technology on Sustainable Finance the ASIC Compared with Shareholder Empowerment Alice Klettner the SEC: Shedding Light on Pearlie Koh Regulation and Enforcement in the US and Australia Zehra Eroglu and KE Powell

6 CONFERENCE PROGRAM – DAY 3 continued

TUESDAY 4 FEBRUARY 2020

3.00pm Afternoon tea

CONCURRENT SESSIONS Parallel 5A Parallel 5B Parallel 5C Sustainability Social enterprise & social responsibility Boards, oversight & trust Location: H921 Location: The Pavilion, H806 Location: H813 Chair: Anita Foerster Chair: Marina Nehme Chair: Michael Duffy

3.30pm Corporations, Technology, the Planet: Duties of Directors of Charitable Companies Association Cases and the Theoretical Vacuum Shareholding in a Digital Era Registered with the ACNC Peter Kupniewski Alexandra Andhov and Sergio Gramitto Jeanne Nel de Koker

4.00pm Developing Trust through Corporate Purpose: The Accountability of Australia’s Federal A Question of Trust: Are the lessons of the GFC Lessons from Benefit Corporations Professional Services Regulators: Comparing still relevant in a post-Hayne world? Grace Borsellino Challenges to Professional Licencing Decisions Roman Tomasic of ASIC, MARA and the TPB Robin Bowley

4.30pm Challenges to Enforcement of Mandatory CSR Life after Hayne – the Financial Services under Indian Companies Act, 2013: Evidence Sector and the Future of Enforcement for from CSR disclosures of NIFTY 100 Companies Australian Regulators Akanksha Jumde Vicky Comino

5.00pm Farewell Drinks Reception The Pavilion foyer, H804

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