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Corporate and Commercial Team – Updates November 2013

Anti-Money Laundering and Counter-Terrorism Financing – Update 18

  • Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1) (Cth) amended;
  • New AUSTRAC Privacy Policy;
  • New Information Note; and
  • Additional Regulatory Guide.

 ASIC Corporate Investigations and Hearings – Updates 87 and 88

  • New Developments updated with recent case digests, an ASIC Report and a Report by the Parliamentary Joint Committee on Corporations and Financial Services.
  • Regulatory guides and materials updated with a new Information Sheet and a new Regulatory Guide.
  • Original updated commentary in Ch 1: Policy and Legal Framework; Ch 2: Persons Affected by ASIC; Ch 4: Investigations; Ch 5: Examinations; Ch 8: ASIC Proceedings on Investigations.

 Australian Bankruptcy Law & Practice – Update 167

  • New commentary has been added throughout Pts I – IV of the Bankruptcy Act 1966 (Cth).
  • The Table of Related Provisions for the Bankruptcy Act 1966 has been updated.
  • Amendments have been made to the Federal Circuit Court of Australia Act 1999 (Cth) by the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 (Cth).

 Banker and Customer in Australia – Update 95

  • New commentary has been added to Ch 5: Derivatives; Chs 7, 8, 9 and 10: Mistaken transactions; Ch 11 and Ch 12: Guarantees.
  • Cross references added to the Corporations Act 2001 (Cth).

 Bankruptcy Guidebook – Update 48

  • AFSA (previously ITSA) information updated under Registrars, AFSA & Trustees (new tabcard issued).
  • New Tables have been issued.

 Bankruptcy Legislation – Update 48

  • Amendments to Federal Court (Bankruptcy) Rules 2005 by the Federal Court (Bankruptcy) Amendment (Federal Circuit Court Name Changes) Rules 2013.
  • Amendments to the Federal Circuit Court of Australia Act 1999 by the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010.
  • AFSA forms (previously ITSA) have been updated under AFSA FORMS (new tabcard issued).

 Commercial Arbitration Law & Practice – Updates 142 and 143

  • PRODUCT RESTRUCTURE AND REISSUE
    • NEW Volume 1 Binder;
    • 20 new tabcards;
    • Annotated Commercial Arbitration Act 2010 (NSW);
    • Commercial Arbitration Acts for all Australian jurisdictions; and
    • Key related legislation.

 Company Receivers and Administrators – Updates 154

  • Commentary has been added to Chs 2, 5: The scope of the appointment; Ch 9: Effect of an appointment out of court on set-offs, counterclaims and liens; Ch 10: The powers of receivers and managers appointed out of court; Ch 11: The duties and liabilities of receivers and managers appointed out of court; Chs 12 and 19: The jurisdiction to appoint receivers and managers; Ch 25: The remuneration and indemnity of receivers and managers appointed by the court; Ch 41: The appointment of administrators and commencement of administration; Ch 42: The effects of the appointment of administrators and Ch 43: Interaction between administration and winding up.

 Computer Contracts – Update 127

  • Commentary updated in Chs 1, 3 and 4.
  • Precedents updated.
  • Case Digests updated.

 Foreign Investment – Update 153

  • Commentary has been updated in Chs 4 and 5.
  • Foreign Acquisitions and Takeovers Regulation 1989 (Cth) and the Native Title Act 1993 (Cth) have been amended and updated.

 Intellectual Property  – Update 75

  • Parts of Ch 3: The origins of Australian copyright law; Ch 4, General Structure of Australian copyright legislation and administration and Ch 11, Public Access to Protected Material: Free Use Exceptions have been revised and further commentary has been added.
  • Ch 16, The International Copyright System, has been revised and updated and further commentary regarding the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled has been added.

International Commercial Arbitration – Update 60

  • Commentary updated throughout.
  • Bibliography and Index updated.

 The Law of Life Insurance – Update 123

  • The Chapter entitled Claims has been revised and updated by Ms Lisa Norris.
  • Cross references to the Corporations Regulations 2001 (Cth) and the Life Insurance Act 1995 (Cth) have been updated.
  • The following Regulatory Guide has been updated and reissued: Licensing: Financial Product Advice and Dealing  [RG 36].

 McPherson’s Law of Company Liquidation – Update 49

  • Commentary updated in Ch 3 – Creditors’ application for a winding-up order.
  • Updates have been made to cross-references to ASIC Class Orders from 2001-2002 in Pt 5B.2 of the Corporations Act 2001 (Cth).
  • Regulatory amendments have been made to cross-references throughout Pt 9.2 of the Corporations Act 2001.
  • ASIC forms 105 and 505 have been updated as per most up to date versions.

 Media and Internet Law and Practice – Update 97

  • Commentary updated in Chs 1, 9, 12 and 18.
  • The Broadcasting Services Act 1992 (Cth) and Radiocommunications Act 1992 (Cth) have been amended.
  • Legislative extracts updated.

 National Workplace Relations – Update 66

  • The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) and Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009 (Cth) have been amended.

Personal Property Securities Law in Australia – Update 20

  • Commentary in Chs 1, 10, 12–16, 18, 20, 25, 35, 45, 52 and 56 has been extensively reviewed and amended consequent upon recent case law.

 The Law of Trusts – Update 115

  • Professor John Glover has revised Ch 11, Capital and income.
  • Mr Lee has added commentary to Ch 12, Trustees Powers – Administrative and Distributive.
  • The Charitable Funds Act 1958 (Qld) has been amended by the Treasury and Trade and Other Legislation Amendment Act 2013 (Qld).

 Robson’s Annotated Corporations Legislation – Update 46

  • Updated annotations issued for Chs 2D, 2E and 5D of the Corporations Act 2001 (Cth).
  • Cross references have been added and updated throughout the Corporations Act 2001 (Cth).  

 Trade Practices Law – Competition and Consumer Law – Update 169

  • Twelve commentary chapters have been updated.
  • The Consumer Affairs Legislation Amendment Act 2013 (Vic) (Act 57 of 2013) has amended the Australian Consumer Law and Fair Trading Act 2012 (Vic), commencing on 23 October 2013.
  • The Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 (Act 36 of 2010) has amended the Federal Court of Australia Act 1976 (Cth), commencing on 11 October 2013.
  • The Recommended Reading has been updated.
  • The Competition and Consumer Act 2010 (Cth) has been amended by the Consumer Credit Legislation Amendment (Enhancements) Act 2012 (Cth) (Act 130 of 2012), commencing on 17 September 2013.
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