Select Publications
Journal articles
, 2006, 'Son of Gwalia: policy issues raised by the subordination of shareholder claims', Insolvency Law Bulletin, 7, pp. 1 - 8, https://ssrn.com/abstract=962088
, 2006, 'Taking continuous disclosure seriously: a landmark decision in jubilee mines', Keeping good companies, 58, pp. 648 - 651, http://search.informit.com.au/documentSummary;dn=200701136;res=IELAPA
, 2005, 'Company law CAN A COMPANY REINSTATEMENT ORDER BE SOUGHT FOR TACTICAL ADVANTAGE?', COMPANY AND SECURITIES LAW JOURNAL, 23, pp. 391 - 395, https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000213253800004&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a29b250adbe88d1
, 2005, 'THE RELEVANCE OF CONTROL IN ESTABLISHING AN IMPLIED AGENCY RELATIONSHIP BETWEEN A COMPANY AND ITS OWNERS', COMPANY AND SECURITIES LAW JOURNAL, 23, pp. 459 - 464, https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000213255500005&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a29b250adbe88d1
, 2005, 'Can a company reinstatement order be sought for tactical advantage?', Company and Securities Law Journal, 23, pp. 391 - 395
, 2005, 'Has the court power to limit the scope of inspection of company books? The construction of s 247A of the Corporations Act', Company and Securities Law Journal, 23, pp. 270 - 273
, 2005, 'The relevance of control in establishing on implied agency relationship between a company and its owners', Company and Securities Law Journal, 23, pp. 461 - 466
, 2004, 'Geneva finance and the `duty` of directors to creditors: imperfect obligation and critique', Insolvency Law Journal, 12, pp. 134 - 149
, 2004, 'Taking Corporate Governance Seriously during fundraising', Company and Securities Law Journal, 22, pp. 335 - 339, http://www.westlaw.com.au/maf/wlau/app/document?&src=search&docguid=Iead8f41fcf8d11e08eefa443f89988a0&epos=5&snippets=true&fcwh=true&startChunk=1&endChunk=1&nstid=std-anz-highlight&nsds=AUNZ_SEARCHALL&isTocNav=true&tocDs=AUNZ_AU_JOURNALS_TOC&context=64&extLink=false&searchFromLinkHome=true
, 2004, 'The nature of the corporate employer`s duty of care to employees: is it co-extensive? Andar Transport Pty Ltd v Brambles Ltd (2004) 78 ALJR 907; 206 ALR 387; [2004], HCA 28', Australian Business Law Review, 32, pp. 367 - 371
, 2003, 'Cost orders: a new wave of liability for the company secretary?', Keeping good companies. Journal of Chartered Secretaries of Australia, 55, pp. 644 - 646, http://search.informit.com.au/documentSummary;dn=200312827;res=IELAPA
, 2003, 'Directors` duties to creditors in Australia after Spies v The Queen - is the development of an independent fiduciary duty dead or alive?', Company and Securities Law Journal, 21, pp. 390 - 409
, 1996, 'Under judicial and legislative attack: The rule in Foss v Harbottle', The South African Law Journal, 113, pp. 631 - 652, http://heinonline.org/HOL/Page?handle=hein.journals/soaf113&div=77&g_sent=1&collection=journals
Conference Papers
, 2015, 'Still A Sleepy Hollow? Directors’ Liability And The Business Judgment Rule’', in Corporate Law Teachers Association, University of Melbourne, presented at Corporate Law Teachers Association, University of Melbourne, 01 February 2015 - 03 February 2015
, 2013, 'Australia and the International Insolvency Paradigm', The Hague, presented at INSOL Conference, The Hague, 18 May 2013 - 19 May 2013
, 2013, 'Directors Duties to Creditors and Commercial Realism: Arising Tensions', Australian National University, presented at Corporate Law Teachers Conference, Australian National University, 03 February 2013 - 05 February 2013
, 2012, 'Directors duties following Centro, legal and policy implications', Bond University Law Faculty, Queensland, presented at Corporate Law Teachers Association Conference, Bond University Law Faculty, Queensland
, 2012, 'The GFC and Corporate Workouts: Throwing light on the law of shadow directorship and creditor liability in Australia', Miami, United States, presented at INSOL International Academics' Group Meeting, Miami, United States
, 2010, 'Australia's Insolvent Trading Law - Policy, Analysis and Law Reform', Dublin, pp. 1 - 23, presented at INSOL, Dublin, -
, 2010, 'Statutory Business Judgment Rule in Australia: Mere Window Dressing or Directors Best Friend?', Auckland, pp. 1 - 19, presented at Australasian law Teachers Association, Auckland
, 2010, 'The Significance of the James Hardie Case for Directors and Officers Duties', Adelaide, pp. 1 - 30, presented at Corporate Law Teachers Association, Adelaide
, 2010, 'To Trade or Not to Trade -That is the Question: Directors Liability for Insolvent Trading', Kaula Lumpar, pp. 1 - 20, presented at Asian Law Institute Conference, Kaula Lumpar
, 2009, 'A Mandatory Subordination of Shareholder Claims Under s 510(b) of US Code', University of Technology, Sydney, presented at Lessons for Australia¨ Corporate Law Teachers Association Conference, University of Technology, Sydney, -
, 2009, 'The Source of Efficacy for Creditors' Schemes of Arrangements in Singapore, England and Australia', Faculty of Law, University of Hong Kong, presented at Asian Law Institute Conference, Faculty of Law, University of Hong Kong
, 2008, 'Corporate Rescue Regimes in the Asia-Pacific Region: A Critical Analysis', Shanghai, China, presented at INSOL International Annual Regional Conference,, Shanghai, China, 14 September 2008 - 17 September 2008
, 2008, 'Widening the Net: Accessorial Liability for Continuous Disclosure', University of New South Wales (at Crowne Plaza Hotel, Coogee, Sydney), presented at Corporate Law Teachers Association Conference,, University of New South Wales (at Crowne Plaza Hotel, Coogee, Sydney), 03 February 2008 - 05 February 2008
, 2008, 'Defrauded Shareholders as Parity Creditors in Insolvency: Forging a New Paradigm Down Under', Pretoria, South Africa, presented at University of Pretoria Law Faculty,, Pretoria, South Africa, 18 January 2008 - 20 January 2008
, 2008, 'Shareholders as Creditors in Hong Kong Corporate Insolvencies: Myth or Reality?', Faculty of Law, National University of Singapore, presented at Asian Law Institute Conference,, Faculty of Law, National University of Singapore, -
, 2008, 'Centre of Main Interests under Australian Cross-Border Insolvency Act (2008):', James Cook University Law School, Cairns (July)., presented at Lessons from the United States¿ Australasian Law Teachers Conference,, James Cook University Law School, Cairns (July).
, 2007, 'The Changing Contours of Shareholder Recognition in Corporate Insolvency in the Digital Age', in 2007 Asian Legal Information Network International Academic Conference, Chulalongkorn University, Thailand, pp. 1 - 15, presented at Asian Legal Information Network International Academic Conference 2007, Chulalongkorn University, Thailand, 06 December 2007 - 07 December 2007
, 2007, 'Shareholder Primacy Revisited: does the public interest have any role in statutory duties?', in Australasian Law Teachers Association Conference, Perth, WA, presented at Australasian Law Teachers Association Confernece, Perth, WA, 23 September 2007 - 26 September 2007
, 2007, 'Statutory Debt Subordination and the Impact of Sons of Gwalia in Australia and Hong Kong: A Comparative Perspective', in Australasian Law Teachers Association Conference, Perth, WA, pp. 1 - 19, presented at Australasian Law Teachers Association Confernece, Perth, WA, 23 September 2007 - 26 September 2007
, 2007, 'The Intersection between Creditor and Shareholder Rights in Australian Insolvency Law: Implications for the Asia-Pacific Region', in Asian Law Institute Conference 2007, University of Indonesia, Indonesia, pp. 1 - 11, presented at Asian Law Institute Conference 2007, University of Indonesia, Indonesia, 24 May 2007 - 25 May 2007
, 2007, 'Statutory Debt Subordination and Creditor Protection: The North American Experience', in Corporate Law Teachers Association 2007, Deakin University, Geelong Australia, presented at Corporate Law Teachers Association 2007, Deakin University, Geelong Australia, 04 February 2007 - 06 February 2007
, 2006, 'Assessing the use of agency principles to lift the corporate veil', in Australian Law Teacher Conference, Melbourne, presented at Australasian Law Teachers` Association Conference 2006, Melbourne, 04 July 2006 - 07 July 2006
, 2006, 'Navigating the Line Between Membership and Creditor Rights in Corporate Insolvencies: Should Members be Permitted to Claim Contingent Creditor Status?', TC Berne School of Law, University of Queensland, Brisbane, presented at National Corporate Law Teachers Conference,, TC Berne School of Law, University of Queensland, Brisbane, 06 February 2006 -
, 2006, 'Sons of Gwalia: Navigating the line between membership and creditor rights in corporate insolvencies', in Corporate Law Teachers Association 2006, Queensland University, Brisbane Qld, presented at Corporate Law Teachers Association 2006, Queensland University, Brisbane Qld, 05 February 2006 - 07 February 2006
, 2005, 'A comparative analysis on the enforceability of letters of comfort in England and the Asia Pacific region', in Asian Law Institute Conference 2005, Chulalongkorn University, Thailand, pp. 323 - 336, presented at Asian Law Institute Conference 2005, Chulalongkorn University, Thailand, 26 May 2005 - 27 May 2005
, 2004, 'The significance of the Geneve Finance Case for Director`s duties of creditors', in Adams M (ed.), Corporate Law Teachers Association 2004, ANU, Canberra, presented at Corporate Law Teachers Association 2004, ANU, Canberra, -
, 2002, 'Should audit committees be mandatory for listed companies in Australia?', in Adams M (ed.), Corporate Law Teachers Association 2002, Melbourne, pp. 1 - 35, presented at Corporate Law Teachers Association 2002, Melbourne, -
, 2001, 'Should Directors Owe an Independent Duty to Consider the Interests of Creditors?', in 11th Annual Corporate Law Teachers Association Conference, presented at 11th Annual Corporate Law Teachers Association Conference, 11 February 2001 - 13 February 2001
, 1999, 'Recognition of employees as stakeholders in Australian company law: A challenge for the 21st Century', in Reinventing the Corporation, presented at Reinventing the Corporation
, 1998, 'Has the rule in Yerkey v Jones been laid to rest?', in >, presented at >
Conference Presentations
, 2016, 'Insolvency Law Reform in India: Potential Risks and Rewards', presented at INSOL International Academics Colleqium, London, 13 July 2016 - 15 July 2016
, 2016, 'Corporate Social Responsibility in India - Origins and Prospects', presented at 2016 Corporate Law Teachers Conference, University of New South Wales, 31 January 2016 - 02 February 2016
, 2016, 'Financial Twilight Re-Appraisal: Ending the Judicially Created Quagmire of Fiduciary Duties to Creditors', presented at 2016 Corporate Law Teachers Conference, University of New South Wales, 31 January 2016 - 02 February 2016
, 2015, 'Directors’ Duties to Consider Creditor Interests: A Solution in Search of a Problem?', presented at INSOL Europe Academic Collequim, Berlin, 30 September 2015 - 01 October 2015
Creative Written Works
, 1998, Business Law: Legislation and cases, Butterworths Course Materials: Butterworths Course Materials: Business Law Legislation and Cases, Butterworths