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Ross
Parsons
Biography
Activities
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Constitution
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Centre Publications
Monographs
Monograph 4: Commercial Issues
in Contract Law Edited by Greg Tolhurst & Elizabeth Peden
Monograph 3: Private Equity and
Corporate Control Transactions Edited by R.P. Austin & A.
F. Tuch
Monograph 2: Company Directors
and Corporate Social Responsibility, UK and Australian perspectives.
Edited by R.P. Austin
Monograph 1: Schemes, Takeovers
and Himalayan Peaks. The use of schemes of arrangement to effect
change of control transactions. Tony Damian & Andrew Rich
Papers
"Evolving
'Rules of the Game' in Corporate Governance Reform"
by Jennifer Hill, in O'Brien (ed), Private Equity, Corporate
Governance and the Dynamics of Capital Market Regulation (Imperial
College Press, 2007), 29.
"Disclosure,
Audit and Executive Remuneration: A Eurocentric View".
Professor Paul L. Davies, Cassel Professor of Commercial Law at
the London School of Economics and Political Science. Presented
in the Banco Court of the Supreme Court on the occasion of the launch
of the Ross Parsons Centre of Commercial, Corporate and taxation
Law.
Recent Activities and Publications of Members
of the Ross Parsons Centre 2005 - 2006
Recent and Forthcoming Publications
Mr Lee Aitken
Aitken, L, ‘Litigation Lending’ after Fostif: An advance
in consumer protection, or a licence to ‘bottomfeeders’?’
(2006) 28(1) Sydney Law Review 171.
Aitken, L, ‘’Many Shabby Manoeuvres’ –
the use and abuse of caveats in theory and practice’ (2005)
26(2) Australian Bar Review 205.
Professor Patricia Apps
Apps, P F & Rees, R, “The Taxation of Couples” in
A Cigno, P Pestieau & R Rees (eds), Taxation and the Family,
MIT Press: Cambridge, USW (2006).
Apps, P F & Rees, R, “Time Use and Child Costs Over the
Life Cycle” in D S Hammermesh & G A Pfann (eds), The
Economics of Time Use, Elsevier: The Netherlands (2005).
Apps, P F & Rees, R, ‘Gender,
Time Use and Public Policy Over the Life Cycle’ (2005)
21(3) Oxford Review of Economic Policy 439.
Ms Emma Armson
Armson, E, ‘Decision-Making
by the Takeovers Panel in its First Five Years’ (2006)
34(2) Australian Business Law Review 105.
Armson, E, ‘The
Australian Takeovers Panel and Judicial Review of its Decisions’
(2006) 26(2) Adelaide Law Review 327.
Armson, E, 'Models
for Takeover Dispute Resolution: Australia and the United Kingdom'
(2005) 5(2) Journal of Corporate Law Studies 401.
Armson, E, 'An
Empirical Study of the First Five Years of the Takeovers Panel'
(2005) 27 Sydney Law Review 665.
Ms Celeste Black
Black, C & Krever, R, Australian Income Tax Cases,
Thomson ATP: Sydney (2006).
Black, C, ‘Denying Tax Deductions for Criminals: Australia
considers the options – Should Australia follow the United
States model?’ (2005) 59(5) Bulletin for International
Fiscal Documentation 197.
Black, C, ‘Taxing Crime: The application of income tax to
illegal activities’ (2005) 20(3) Australian Tax Forum
435.
Black, C, ‘Cross Border Employee Share and Option Plans:
Distinguishing employment income from investor gains’ (2006)
21(1) Australian Tax Forum 131.
Dr Fiona Burns
‘Prescriptive Easements in England and Legal ‘Climate
Change; (2007) The Conveyancer and Property Lawyer 133-147.
‘Reforming Testamentary Undue Influence in Canadian and English
Law’ (2006) 29 Dalhousie Law Journal 455-490 (Just published).
Coming in next week or so – large Melbourne ULR article.
Burns, F, ‘Elders and Testamentary Undue Influence in Australia’
(2005) 28(1) UNSW Law Journal 145.
Burns, F, ‘Protecting Elders: Regulating intergenerationally
transmitted debt in Australia’ (2005) 28 International
Journal of Law and Psychiatry 300.
Burns, F, ‘Statutory ‘Unconscionability’: The
application of the Contracts Review Act 2980 (NSW) to the elderly’
(2005) 21(1) Journal of Contract Law 51.
Burns, F, ‘Legally regulating intergenerationally transmitted
debt’ (2005) s24 Australian Journal on Ageing (Special
Issue: Ageing and the Future of Elder Care) 46.
Associate Professor Lee Burns
Burns, L, "Methods of Calculating Foreign Investment Fund Income"
in J Prebble (ed), Taxing Offshore Investment Income, Fiscal
Publications: Birmingham (2006).
Burns, L, "Special Problems of Calculating Foreign Investment
Fund Income", in J Prebble (ed), Taxing Offshore Investment
Income, Fiscal Publications: Birmingham (2006).
Burns, L, ‘Reform of Australia’s CFC Rules’ (2006)
21(1) Australian Tax Forum 149.
Burns, L, ‘Rethinking the Design of Australia’s CFC
Rules in the Global Economy’ (2005) 59(7) Bulletin for
International Fiscal Documentation 262.
Professor Peter Butt
Butt, P, Land Law, Thomson Lawbook Co: Sydney (5th ed,
2006).
Butt, P, ‘Plain Language: Drafting and Property Law’
(2006) 7(1/2) European Journal of Law Reform 19.
Butt, P, “Release 29” in Torrens Systems in New
South Wales, Thomson: Sydney (2005), 160pp.
Butt, P, “Release 31” in Torrens Systems in New
South Wales, Thomson: Sydney (2005), 180pp.
Butt, P, ‘Plain
Language in Property Law’ (2005) LawAsia 27.
Professor John Carter
Carter, J W & Peden, E, ‘The
‘Natural Meaning’ of Contracts’ (2005) 21(3)
Journal of Contract Law 277.
Professor Graeme Cooper
Cooper, G S, ‘The
Emerging High Court Jurisprudence on Part IVA’ (2006)
9(5) The Tax Specialist 235.
Cooper, G S, Krever, R & Vann, R, Income Taxation: Commentary
and Materials, Australian Tax Practice: Sydney (5th ed, 2005).
Mr Saul Fridman
Fridman, S, “Company Law” in R Krever (ed), Mastering
Law Studies and Law School Exam Techniques, LexisNexis Butterworths:
Sydney (6th ed, 2006).
Professor Jennifer Hill
Jennifer Hill - Invited speaker, The Shareholder Empowerment Debate:
Lessons from News Corp's Exodus to Delaware", University of
Hong Kong (May 2008).
Invited participant, Yale Law School, Center for the Study of Corporate
Law, The Weil Gotshal and Manges Roundtable (April 2008).
Invited speaker, “What We Can Learn from Other Statutory Schemes”,
Conference on The Delaware General Corporation Law for the 21st
Century, Widener University, Delaware (May 2008).
Invited workshop, "The Shareholder Empowerment Debate: Lessons
from News Corp's Exodus to Delaware", University of Hawaii
Law School (May 2008).
Visiting Scholar, Corporate Law Studies Interest Group (CoSIG),
Hong Kong (May 2008).
Public address, "The Shifting Balance of Power Between Shareholders
and the Board: News Corp's Exodus from Delaware and Other Antipodean
Tales", Corporate Law Studies Interest Group (CoSIG), Hong
Kong (May 2008).
Invited address, Dialogue with Hong Kong Regulators (hosted by
Hong Kong Companies Registrar) (May 2008).
Hill, J, "Evolving
'Rules of the Game' in Corporate Governance Reform"
in O'Brien (ed), Private Equity, Corporoate Governance and the
Dynamics of Capital Market Regulation (Imperial College Press,
2007), 29.
Hill, J, The Shifting Balance of Power Between Shareholders
and Managers in International Regulatory Reform (Working Paper,
2006)
Hill, J, ‘Regulating
Executive Remuneration: International Developments in the Post-Scandal
Era’ (2006) 3(2) European Company Law 64.
Hill, J, ‘Regulating
Executive Remuneration: International Developments in the Post-Scandal
Era’ (2006) ICFAI Journal of Corporate and Securities
Law
Hill, J, "The
Persistent Debate about Convergence in Comparative Corporate Governance"
(2005) 27 Sydney Law Review 743
Hill, J, 'Regulatory
Responses to Global Corporate Scandals' (2005) 23 Wisconsin
International Law Journal 367.
Dr Fleur Johns
Johns, F, “The Globe and the Ghetto” in M Lederer &
P Muller (eds), Criticizing Global Governance, Palgrave
Macmillan: New York (2005).
John, F, “Internatonal Law-National Law: Thinking through
the Hyphen” in H Charlesworth, M Chian, D Hovell & G Williams
(eds), The Fluid State: International Law and National Legal
Systems, Federation Press: Sydney (2005).
Johns, F, ‘Guantanamo
Bay and the Annihilation of the Exception’ (2005) 16(4)
European Journal of International Law 613.
Johns, F, ‘Human
Rights in the High Court of Australia, 1976-2003: The Righting of
Australian Law?’ (2005) 33(2) Federal Law Review 287.
Johns, F, ‘Critical Beings: Taking a Critical Bearing’
(2005) 30 Australian Journal of Legal Philosophy 160.
Johns, F, ‘Private Law, Public Landscape: Troubling the Grid’
(2005) 9 Law.Text.Culture 60.
Associate Professor Patricia Loughlan
Loughlan, P, ‘Pirate,
Parasites, Reapers, Sowers, Fruits, Foxes… The Metaphors of
Intellectual Property’ (2006) 28(2) Sydney Law Review
211.
Loughlan, P, ‘An Opinion: Trademarks, fair use and consumer
confusion’ (2005) 27 European Intellectual Property Review
443.
Loughlan, P, ‘The Concept of Sign in Australian Trade Mark
Law’ (2005) 16 Australian Intellectual Property Journal
95.
Loughlan, P, ‘Trade Marks: Arguments in a continuing contest’
(2005) 3 Intellectual Property Quarterly 294.
Loughlan, P, ‘Trade Marks: Property rights and their limits’
(2005) 31(2) Monash University Law Review 273.
Loughlan, P, ‘Oh
Yuck! The registration of scandalous trade marks’ (2005)
61 Intellectual Property Forum 38.
Loughlan, P, ‘Copyright Law and the Technological Inhibition
of Lawful Copying’ (2005) 18 Australian Intellectual Property
Law Bulletin 73.
Loughlan, P, ‘The Campomar Model of Competing Interest m
Australian Trade Mark Law’ (2005) 27(8) European Intellectual
Property Review 289.
Loughlan, P, ‘Dykes on Bikes – Trade mark registration
(rightly) refused’ (2005) 18 Australian Intellectual Property
Law Bulletin 74.
Associate Professor Barbara McDonald
McDonald, B, ‘Privacy, Princesses and Paparazzi’ (2006)
50(1) New York Law School Law Review 205.
McDonald, B, ‘Proportionate
Liability in Australia: The devil in the detail’ (2005)
26 Australian Bar Review 29.
McDonald, B, ‘Legislative
Intervention in the Law of Negligence: The common law, statutory
interpretation and tort reform in Australia’ (2005) 27(3)
Sydney Law Review 443.
Associate Professor Roger Magnusson
Magunsson, R, “Mad
Cows and Prisons: Legal, ethical and operational challenges in responding
to Creutzfeldt-Jakob Disease (CJD) and variant CJD” in
I Freckelton & K Peterson (eds), Disputes and Dilemmas in
Health Law, Federation Press: Sydney (2006).
Magnusson, R, ‘Law,
Religion and Biomedicine: Consensus or conflict?’ (2006)
1 Macquarie Law Symposium 59.
Magunsson, R, ‘The
Devil’s Choice: Re-thinking law, ethics and symptom relief
in palliative care’ (2006) 34(2) Journal of Law, Medicine
and Ethics 559.
Magnusson, R, “Promoting Sexual Health: The role of law”
in M Temple-Smith & S Gifford (eds), Sexual Health: An Australian
Perspective, IP Communications: Melbourne (2005).
Magnusson, R & McDonald, B (eds), Sydney Law Review (Special
Issue: Torts and Damages: Policy & Future Directions),
Lawbook Co: Sydney (2005).
Dr Luke Nottage
Kitagawa, T & Nottage, L, “Globalization
of Japanese Corporations and the Development of Corporate Legal
Departments: Problems and Prospects” in W Alford (ed),
Raising the Bar: The emerging legal profession in East Asia, Harvard
University Press, Forthcoming.
Nottage, L, “Product Safety Regulation Reform in Australia
and Japan: Harmonising towards European models?” in G Howells,
C Twigg-Flesner, D Parry & A Nordhausen (eds), The Yearbook
of Consumer Law, Ashgate: Aldershot, UK (2007).
Anderson, K, Nottage, L & Wolff, L, Inside Japanese Law, OUP:
Melbourne (2006).
Nottage, L, “Comparing Product Liability and Safety in Japan”
in H Scheiber (ed), Emerging Concepts of Rights in Japanese
Law, UC Berkeley – Robbins Collection: Berkeley (2006).
Nottage, L, “Consumer Product Safety Regulation Reform in
Australia: Ongoing processes and possible outcomes” in G Howells,
C Twigg-Flesner, D Parry & A Nordhausen (eds), The Yearbook
of Consumer Law, Ashgate: Aldershot, UK (2006).
Nottage, L, ‘Nothing
New in the (North) East? Interpreting the rhetoric and reality of
Japanese corporate governance’ (2006) 2(1) Comparative
Research in Law and Political Economy Research Paper Series,
CLPE.
Nottage, L, ‘Nothing New in the (North) East? Interpreting
the rhetoric and reality of Japanese corporate governance’
(2006) no.359 Pacific Economic Papers 52pp.
Nottage, L, ‘The ABCs of Product Safety Re-Regulation in
Japan: Asbestos, buildings, consumer electrical goods, and Schindler’s
lifts’ (2006) 15(2) Griffith Law Review.
Nottage, L, ‘Responsive Re-Regulation of Product Safety:
Soft and hard law in Australia and Japan’ (2006) Soft
Law Kenkyu.
Nottage, L, “Comparing Product Safety and Liability Law in
Japan: From Minamata to Mad Cows - and Mitsubishi” in D Fairgrieve
(ed), Product Liability in Comparative Perspective, Cambridge
University Press: Cambridge (2005).
Nottage, L, “Redirecting
Japan’s Multi-Level Governance” in K Hopt, E Wymeersch,
H Kanda & H Baum (eds), Corporate Governance in Context:
Corporations, states and markets in Europe, Japan and the US,
OUP: Oxford (2005).
Nottage, L & Wolff, L,
“Corporate Governance and Law Reform in Japan: From the lost
decade to the end of history?” in R Haak & M Pudelko
(eds), Japanese Management: In search of a new balance between
continuity and change, Palgrave Macmillan: New York (2005).
Nottage, L, 'Civil
Procedure Reforms in Japan: The Latest Round' (2005) 22 Ritsumeikan
Law Review 81.
Nottage, L, ‘A
Decade of Strict Liability Litigation under Japan’s Product
Liability Law of 1994’ (2005) 16(5) Australian Product
Liability Reporter 65.
Nottage, L & Nasu, H (trans), ‘Osutoraria ni okeru Chusai
Kyoiku - Kokkyo o koeru Teikei ni mukete (Teaching
Arbitration in Australia: Towards Transnational Associations)’
(2005) 52(4) JCA Jyanaru 50.
Nottage, L,
‘Reviewing Product Safety Regulation in Australia –and
Japan? Part 1’ (2005) 16(7) Australian Product Liability
Reporter 100.
Nottage, L, ‘Reviewing Product Safety Regulation in Australia
–and Japan? Part 2’ (2005) 16(8) Australian Product
Liability Reporter 124.
Nottage, L, ‘Who’s
Afraid of the Vienna Sales Convention (CISG)? A New Zealander’s
view from Australia and Japan’ (2005) 36 Victoria
University of Wellington Law Review 815.
Nottage, L, ‘The Latest Round in Australia’s Review
of Consumer Product Safety Regulation: The Productivity Commission’s
final research report’ (2005) 17(1) Australian Product
Liability Reporter 1.
Nottage, L, ‘Build Postgraduate Law Schools in Kyoto, and
Will They Come – Sooner and Later?’ (2005) 7(3) Australian
Journal of Asian Law 241.
Nottage, L, ‘Book Review: Dimitri Vanoverbeke, Community
and State in the Japanese Farm Village: Farm Tenancy Conciliation
(1924-1938)’ (2005) Journal of Japanese Law / Zeitschrift
fuer Japanisches Recht 18.
McAlinn, G & Nottage, L, 'Changing the (JCAA) Rules: Improving
International Commercial Arbitration in Japan' (2005) Journal of
Japanese Law / Zeitschrift fuer Japanisches Recht 18.
Nottage, L & Wolff, L, Translating Tanase, Berkeley
– Boalt Hall Working Papers, special issue.
Nottage, L, “Legal Harmonization'” in D Clarke (ed),
International Encyclopedia of Law and the Social Sciences,
Sage: New York (2005).
Nottage, L, “Comparative Commercial Regulation” in J
Smits (ed), Encyclopedia of Comparative Law, Edward Elgar:
Cheltenham (2005).
Abe, M & Nottage, L, “Japan” in J Smits (ed), Encyclopedia
of Comparative Law, Edward Elgar: Cheltenham (2005).
Dr Elisabeth Peden
Peden, E & Carter, J W, ‘Entire Agreement Clauses’
(2006) 22(1) Journal of Contract Law 1.
Peden, E & Carter, J W, ‘Agreed Damages Clauses –
Back to the future?’ (2006) 22(2) Journal of Contract
Law 189.
Peden, E & Carter, J W, ‘Taking
Stock: The high court and contract construction’ (2005)
21(2) Journal of Contract Law 172.
Peden, E, ‘Contract Law’ (2005) 2 Student Law Reporter
19.
Peden, E, & Riley, J, ‘Law Graduates’ Skills –
A pilot study into employers’ perspective’ (2005) 15(1&2)
Legal Education Review 87.
Peden, E & Carter, J W, ‘Incorporation of Terms by Signature:
L’Estrange Rules!’ (2005) 21 Journal of Contract
Law 96.
Peden, E, ‘When
Common Law Trumps Equity: The rise of good faith and reasonableness
and the demise of unconscionability’ (2005) 21 Journal
of Contract Law 226.
Mr Michael Rawling
Rawling, M, “A Generic Model of Regulating Supply Chain Outsourcing”
in C Arup, P Gahan, J Howe, R Johnstone, R Mitchell & A O'Donnell
(eds), Labour Law and Labour Market Regulation – Essays
on the Construction, Constitution and Regulation of Labour Markets
and Work Relationships, Federation Press: Sydney (2006).
Rawling, M, ‘Australian
Trade Unions as Shareholder Activists: The rocky path towards corporate
democracy’ (2006) 28(2) Sydney Law Review 227.
Rawling, M, ‘Satisfying Employee and Shareholder Demands
in an Era of Union Shareholder Activism’ (2006) 58(2) Keeping
Good Companies 104.
Rawling, M, ‘Workplace Laws: An Ethical dilemma’ (2005)
30(6) Alternative Law Journal 288.
Ms Karen Rooke
Rooke, K, ‘How Fixed is Your Trust?’ (2006) 21(3)
Australian Tax Forum.
Mr Greg Tolhurst
Tolhurst, G, The Assignment of Contractual Rights, Hart
publishing: Oxford (2006).
Mr Andrew Tuch
Tuch, A, ‘Obligations
of Financial Advisers in Change-of-Control Transactions: Fiduciary
and Other Questions’ (2006) 24(2) Company and Securities
Law Journal 488.
Tuch, A, ‘Contemporary
Challenges in Takeovers: Avoiding conflicts, preserving confidences
and taming the commercial imperative’ (2006) 24(2) Company
and Securities Law Journal 107.
Tuch, A, ‘Investment
Banks as Fiduciaries: Implications for conflicts of interest’
(2005) 29(2) Melbourne University Law Review 478.
Professor Richard Vann
Vann, R, “Interpretation of Tax Treaties in New Holland”
in H van Arendonk, F Engelen & S Jansen (eds), A Tax Globalist:
The search for the borders of international taxation. Essays
in honour of Maarten J Ellis, IBFD: The Netherlands (2005).
Vann, R, ‘Tax
Treaties: The secret agent’s secrets’ (2006) [June
2006] British Tax Review 345.
Avery Jones, J, De Broe, L, Ellis, M, van Raad, K, Le Gall, J-P,
Goldberg, S, Killius, J, Maisto, G, Miyatake, T, Torrione, H, Vann,
R & Wiman, B, ‘The Origins of Concepts and Expressions
Used in the OECD Model and their Adoption by States’ (2006)
60(6) Bulletin for International Taxation 220.
Avery Jones, J, De Broe, L, Ellis, M, van Raad, K, Le Gall, J-P,
Goldberg, S, Killius, J, Maisto, G, Miyatake, T, Torrione, H, Vann,
R & Wiman, B, ‘The Origins of Concepts and Expressions
Used in the OECD Model and their Adoption by States’ (2006)
British Tax Review.
Conference Papers and Presentations
Professor Patricia Apps
Apps, P F, ‘Taxation, Household Time Use and Heterogeneity’,
presented at XIX Annual Conference of the European Society for Population
Economics, Paris, 16 June 2005.
Ms Emma Armson
Armson E, ‘An Empirical Study of the Panel's First Five Years’,
Corporations Workshop, Business Law Section, Law Council of Australia,
Canberra, 2 July 2005.
Armson E, ‘Regulating Takeover Conflicts in Australia and
the UK’, Corporate Law Teachers' Association Conference, Sydney,
7 February 2005.
Armson E, ‘Takeover Dispute Resolution: the Australian Approach’,
International Takeovers Regulators Conference, Johannesburg, 12
January 2005.
Armson E, ‘Models for Takeover Dispute Resolution: Australia
and the UK’, International Takeovers Regulators Conference,
Johannesburg, 10 January 2005.
Ms Vivienne Bath
Bath, V, ‘Doing Business with China – the Role of Government’,
presented at Lowy Business Institute, 27 July 2005.
Bath, V, ‘International Protection of Intellectual Property’,
presented at CLE Seminar, College of Law.
Bath, V, ‘Dispute resolution in China’, presented at
Australian China Business Council Seminar, The Nuts and Bolts
of Doing Business with China, 15 August 2005.
Bath, V, ‘Review of Government Action – The Role of
Administrative Law in China: A foreign perspective’, presented
at The Chinese Legal System and the Chinese Government,
Sydney.
Ms Celeste Black
Black, C, ‘Denying Tax Deduction for Criminals’, presented
at 17th Australasian Tax Teachers Association Annual Conference,
Victoria University, Wellington, 27 January 2005.
Dr Fiona Burns
CLE – ‘Key Aspects of the Succession Act 2006 (NSW).(March
2007)
Real Property Law Teachers Conference (University of Tasmania)
– ‘Reforming the Law of Prescriptive Easements in Australia’
Associate Professor Lee Burns
Burns, L, ‘Design of CFC Rules in the Global Economy’,
presented at 17th Australasian Tax Teachers Association Annual Conference,
Victoria University, Wellington, 27 January 2005.
Professor John Carter
Carter, J W & Peden, E, ‘Contractual Restrictions and
Rights Under Copyright Legislation’, presented at Journal
of Contract Law Conference, Singapore Management University, Singapore,
29 September 2006.
Professor Graeme Cooper
Cooper, G S, ‘The Unhappy Legacy of the Review of Business
Taxation’, presented at Business Tax Reform Conference, Australian
Tax Research Foundation, Sydney, 28-29 September 2006.
Cooper, G S, ‘On the Sources of Complexity in the Income
Tax - Culprits Real and Imagined’, presented at Australian
Tax Research Foundation, Tax Simplification, Sydney, 19-
20 October, 2006.
Cooper, G S, ‘The Tax Consequences of Restructuring of Indebtedness’,
presented at Annual Congress, International Fiscal Association,
The Netherlands, 17-22 September 2006.
Cooper, G S, ‘What Four Years of Consolidation has Taught
Us’, presented at Corporate Tax Association Annual Convention,
Melbourne, 1 May 2006.
Cooper, G S, ‘Coherent Principles Drafting’, presented
at 4th National Tax Symposium - Financial Arrangement, Past
and Future, Taxation Institute of Australia, Katoomba, 21 July
2005.
Cooper, G S, ‘Part IVA – A Post-Hart Report’,
presented at 2005 National Convention, Taxation Institute of Australia,
Perth, 19 March 2005.
Cooper, G S, ‘Anti-Globalisation Critiques of the Work of
Tax Advisors in Developing Countries’, presented at Faculty
Seminar, William & Mary Law School, Williamsburg, USA, 18 February
2005.
Professor Jennifer Hill
Hill, J, ‘Anglo-American Model Post – Enron’,
presented at Financial Structure and Corporate governance: Comparative
Approaches, seminar in celebration of the 35th Anniversary of Hong
Kong University Faculty of Law and the 5th Anniversary of AIIFL,
University of Hong Kong, 18 April 2005.
Hill, J, 'The Shifting Balance of Power Between Shareholders and
Managers in International Regulatory Reform', presented at Wisconsin
International Law Journal 2005 Annual Symposium, Economic Globalization
and Corporate Governance, University of Wisconsin, 11-12 March
2005.
Hill, J, Invited participant, The Means and End of Corporations,
UCLA-Sloan Research Program on Business Organizations, 28-29 January
2005.
Hill, J, Invited participant, Fifth Annual Law and Business Conference
on International Corporate Governance, Vanderbilt University Law
School, Nashville, 18 Mach 2005.
Hill, J, 'The Shifting Balance of Power Between Shareholders and
Managers in International Regulatory Reform', Workshop, School of
Law, Duke University, North Carolina, 23 March 2005.
Associate Professor Barbara McDonald
McDonald, B, ‘Tort Liability of Statutory Authorities under
the Civil Liability Act’, presented at Environmental and Planning
Law Association Annual Conference, Sydney, 20 October 2005.
McDonald, B, ‘Proportionate Liability One Year On’,
presented at Commercial Law Association, Sydney, 14 October 2005.
McDonald, B, ‘The Theoretical Foundations of Fault and No-Fault
Compensation’, presented at Australian Lawyers Alliance
No-Fault Forum, Sydney, 3 August 2005.
McDonald, B, ‘Liability of Local Government and Statutory
Authorities’, presented at University of New South Wales Centre
for Continuing Legal Education, Sydney, 25 May 2005.
McDonald, B, ‘Dangerous Liaisons and the Family Doctor’,
presented at Greek-Australian International Legal and Medical Conference,
Greece, 2 June 2005.
Associate Professor Roger Magnusson
Magnusson, R, ‘Towards a Conceptual Framework for Mapping
Law’s Possible Roles in Obesity Prevention’, presented
at Obesity: Should there be a law against it? Australia and
international perspectives on the obesity epidemic, The Centre
for Health Governance, Law and Ethics, University of Sydney, 28
September 2006.
Magnusson, R, ‘Mad Cows and Prisons: Legal, ethical and operational
challenges in responding to Creutzfeldt-Jakob Disease (CJD) and
variant CJD’, presented at Public Health Law Symposium, Center
for Disease Control and Prevention (CDC), Atlanta, Georgia, 7 September
2005.
Magnusson, R, ‘Strategic Choices for Law and Regulation in
Tobacco Control’, presented at 3rd Australian Tobacco Control
Conference, Sydney, 24 November 2005.
Ms Rebecca Millar
Millar, R, ‘GST Issues for International Services Transactions’,
presented at 17th Australasian Tax Teachers Association Annual Conference,
Victoria University, Wellington, 28 January 2005.
Dr Luke Nottage
Nottage, L, ‘Opting In and Opting Out of International Commercial
Law Instruments: Cross-border enforcement of judgements, arbitration
and contracts’, presented at Lunchtime Seminar, University
of Sydney Law School, 19 October 2006.
Nottage, L, ‘Responsive Re-Regulation of Product Safety:
Soft and hard law in Australia and Japan’, presented at Australia-Japan
Consumer Protection Law Seminar, University of Western Sydney &
Meiju University, Sydney, 2 November 2006.
Nottage, L, ‘Responsive Re-Regulation of Product Safety:
Soft and hard law in Australia and Japan’, presented at Consumer
Law Roundtable, University of Sydney & University of Griffith,
Sydney, 29 September 2006.
Nottage, L, ‘Harmonising Product Safety Regulation in Australia
and Japan in an FTA Era: Similar problems, similar solutions’,
presented at ANJeL Conference, The Australian Network of Japanese
Law, UNSW, Sydney, 28 February 2006.
Nottage, L, (2005) 'Build It in Kyoto, or Virtually, and Will They
Come - Sooner and Later?', presented at Build It and They Will
Come - The First Anniversary of Law Schools in Japan, University
of Melbourne, 26 February 2005.
Nottage, L, ‘Who's Afraid of the Vienna Sales Convention
(CISG)? A New Zealander's View from Australia and Japan', presented
at Facilitating International Trade Conference, Faculty of Law,
Victoria University, Wellington, 18-19 February 2005.
Nottage, L, ‘Translating
Tanase: Challenging paradigms of Japanese Law and Society’,
presented at Sho Sato Conference in Honour of Takao Tanase,
Boalt Hill School of Law, University of California, Berkeley, 13-14
February 2005.
Dr Elizabeth Peden
Peden, E & Carter, J W, ‘A Good Faith Perspective on Liquidated
Assets’, presented at Obligations Conference, University of
Queensland, Faculty of Law, Brisbane, 14 July 2006.
Mr Michael Rawling
Rawling, R, ‘Supply Chain Regulation as a Continuation of
the Protective Labour Law Project in NSW’, presented at Supply
Chain Strategies: At the frontiers of regulatory and labour organising
initiatives, UWS, Sydney, 10 February 2005.
Rawling, M, ‘Altering Labour Markets in Heirarchically Organised
Industry Through Supply Chain Regulation: A generic model of outwork’,
presented at Labour Law, Equity and Efficiency: Structuring
and regulating the labour market for the 21st century, Faculty
of Law, University of Melbourne, 8-9 July 2005.
Ms Karen Rooke
Rooke, K, ‘How Fixed is Your Trust? Can you assume it will
survive a change of the ATO’s present view?’, presented
at 21st National Convention, Taxation Institute of Australia, Gold
Coast, 5 April 2006.
Mr Andrew Tuch
Tuch, A, ‘Understanding the case law on ADR’, presented
at Waves of Change: ADR for the 21st Century, LEADR’s
8th International ADR Conference, Sydney, 1 September 2005.
Tuch, A, ‘Effectiveness of Chinese Walls in Australia and
England’, presented at One Law for All? 2005 ALTA
Conference, University of Waikato, New Zealand, 7 July 2005.
Tuch, A, ‘Investment Banks and Financial Advisory Services:
Responding to conflicts of interest’, presented at Regulating
Conflicts of Interests in Contemporary Corporate Law, CLTA,
Sydney, 7 February 2005.
Appointments, Visiting Positions and Awards
Professor Patricia Apps
Elected as 2006 President of ESPE. Presidential Address: Female
labour supply, taxation and the “new discrimination”:
How to create a population ageing crisis, presented at XX Annual
Conference of ESPE, Gran Guardia Palace, Verona, 22-24 June 2006.
Ms Emma Armson
Visiting Centre for Commercial Law Studies at Queen Mary, University
of London and Centre for Corporate Law and Securities Regulation,
University of Melbourne during July-December 2005.
Ms Celeste Black
Commentator, Executing Australia's Income Tax: There must be
a better way, Australian Tax Research Foundation Conference,
Sydney, October 2006.
Professor Jennifer Hill
Visiting Professor, Faculty of Law, University of Hong Kong.
Dr Luke Nottage
Visited Kobe University as a mid-project external assessor for its
“Center for Legal Dynamics of Advanced Market Societies”,
one of only six Centres of Excellence with an interdisciplinary
focus on law funded by Japan’s Ministry of Education.
Professor Richard Vann
2006 - William K Jacobs Jr Visiting Professor of Law at Harvard
Law School, teaching Tax Treaties and the (US) Taxation course.
November 2006 - Norman A Sugarman Tax Scholar-in-Residence at the
Case School of Law in Cleveland where he spoke on "Domestic
and International Fringe Benefits: How and When to Tax a Free Lunch".
Activities
Professor Patricia Apps
Chair of the Program Committee for the XIX Annual Conference of
the European Society for Population Economics (ESPE), held at the
Cité Universitaire, Paris, 16-18 June 2005.
Professor Peter Butt
Peter Butt has been drafting a land law for an economic zone in
Dubai. This will introduce the concepts of the Torrens system of
land registration into that area of the middle east, along with
a form of strata title. It is thought that this is the first time
that Torrens-style legislation has been introduced into that part
of the world. The law will be in force before the end of 2006.
Earlier in the year, Peter was in Hong Kong at the invitation of
the Faculty of Law, City University, to review the teaching of conveyancing
law and legal writing in the post-graduate practical training course
conducted by that law school.
Professor Graeme Cooper
Teaching at University of Virginia Law School: Taxation and Economic
Development (February 2006)
Teaching at Katholieke University, Leuven: Design and Structure
of Income Tax Systems (September 2006)
Panel member for IFA Seminar 1, The Tax Consequences of Restructuring
of Indebtedness (Debt work-outs), International Fiscal Association,
Annual Congress, Amsterdam, The Netherlands, 17 - 22 September 2006.
Professor Jennifer Hill
Professor Jennifer Hill comments on the role of non-executive directors
in the context of the current One.Tel litigation. Full story on
ABC website
Quoted in Hilken, “New York City: Stringent scrutiny rules
are driving away Chinese firms from Wall Street”, Hong
Kong Weekend Standard (China’s Business Newspaper), 30
April – 1 May 2005 (available at http://www.thestandard.com.hk/stdn/std/Weekend/GD30Jp19.html)
Ms Rebecca Millar
Member of the Panel for Seminar A, “Indirect tax aspects of
cross-border services” at the 2006 International Fiscal Association
Congress in Amsterdam.
Dr Luke Nottage
Luke Nottage was elected to the International Academy of comparative
Law; produced consultancy report for the OECD (via the Kyoto Comparative
Law Centre, on consumer contracts) and the European Commission (via
KU Leuven, on consumer access to justice); and, over July-December
2006, was invited to give presentations at other universities in
Sydney, Tasmania, Wellington, Kyoto (on 3 occasions, including one
by videolink), Toronto, Luzem and Kobe.
Visit to the National Consumer Affairs Centre in Tokyo, and evening
talk on product safety at the Roppongi Bar Association (co-hosted
by ANJeL)
Invited participant at the Kobe University CDAMS Center arbitration
education workshop
Invited as mock arbitrator/negotiation assessor, Third Intercollegiate
Negotiation Competition, Sophia University.
Invited speaker at a Copymart/JALO (Japanese Law Online) seminar
at the Kyoto Comparative Law Centre.
Invited speaker at “International Trade and Japanese Law”
conference, and invited lecturer in 2 of 5 days of intensive courses
in Japanese, Ritsumeikan University, Kyoto.
Invited lecturer for one-third of LLM course in “International
Commercial Contracts”, Auckland University Law Faculty.
Professor Richard Vann
2006 - Delivered seminars at Yale and Toronto Law Schools on "Manipulating
the Firm and Value in International Taxation", as well as presenting
this work at Harvard.
During the Annual Congress of the International Fiscal Association
in Amsterdam in September, Professor Vann participated in the panel
dealing with Attribution of Profits to Permanent Establishments.
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