Exploring Tensions in Finance Law: Trans-Tasman Insights

Written by members of the of the Academic Committee of the Banking and Financial Services Law Association, this work explores and offers practical perspectives on current tensions throughout the finance sector in Australia and New Zealand. It identifies and addresses common issues in banking and financial services law highlighted by the global financial crisis, offering analysis and assessment of case law and legislation, and guidance towards managing resolution. While the substantive legal principles discussed in Exploring Tensions in Finance Law are for the most part those that have developed in the trans-Tasman jurisdictions, the insights that the essays offer are of broad general interest, especially to legal practitioners, banks and financial institutions.

CONTENTS

1. Exploring tensions in finance law – Shelley Griffiths, Sheelagh McCracken and Ann Wardrop

PART 1

2. Clear, concise and effective – the evolution of product disclosure documents – Andrew Godwin and Paul Rogerson

3. Civil liability of credit rating agencies to investors – Ann Wardrop 

4. Financial advice reforms: striking the right balance – Gill North

5. Should voluntary administration remain a one-size-fits-all procedure? – Jason Harris

6. Reforming the commercial trust: trans-Tasman approaches – Nuncio D’Angelo and Helen Dervan

7. Asset preservation orders in securities regulation litigation – Shelley Griffiths

PART 2

8. When is a buyer, a buyer? Solving riddles when new legislation confronts established concepts – Sheelagh McCracken

9. PPSA Aus: security interests and notices under sections 260–265 of the Taxation Administration Act 1953 (Cth) – John Stumbles

10. The sections 128 and 129 assumptions (and their New Zealand equivalent), Barnes v Addy constructive trusts and statutory accessory liability – Diccon Loxton

11. Options for the dunning creditor under the Statute of Elizabeth – Lee Aitken

12. Equity’s voice in restructuring – David Brown