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DTSTART;TZID=Australia/Sydney:20231003T180000
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SUMMARY:Ross Parsons Centre Law and Business seminar | Law Reform & The PPSA: Why We Should Delete s 267 and Corporations Act s 588FL
DESCRIPTION:Ross Parsons Centre Law and Business seminar | Law Reform & The PPSA: Why We Should Delete s 267 and Corporations Act s 588FL\nOnline event \nThe Government’s response to the Statutory Review of the Personal Property Securities Act 2009 (Cth) (‘PPSA’) has been released\, including an Exposure Draft containing its proposed amendments. We are currently within an eight-week consultation period closing on 17 November 2023\, which makes this an opportune time to discuss reforms to improve the operation of the PPSA. \nThis seminar concerns s 267 of the PPSA and s 588FL of the Corporations Act 2001 (Cth)\, which are termed the ‘vesting provisions’. The former provides that an unperfected security interest ‘vests in the grantor’ upon the occurrence of specified events indicating the grantor’s insolvency. The latter provides that\, where a security interest is perfected only by registration and the grantor is a company\, that security interest ‘vests in the company’ upon the occurrence of specified events indicating the company’s insolvency if the registration time is outside one of several time periods. Much of the debate concerning these provisions thus-far has focused on s 588FL due to its more stringent timing requirements\, and there seemed to be consensus that this provision is unnecessary and should be deleted. Surprisingly however\, the Government proposed retaining it in its recent response to the Statutory Review of the PPSA. \nIn this seminar I will take a step back from the debate specifically concerning s 588FL\, and consider the broader question of what the vesting provisions seek to achieve in the first place. First\, I will identify their commercial significance by considering when they lead to different outcomes than those which would occur anyway under other provisions of the PPSA. Secondly\, I will identify the purported policy objectives underlying the vesting provisions\, and argue that none of these sufficiently explain their operation. Thirdly\, I will identify the costs of retaining these provisions\, and argue that these cannot be satisfactorily addressed through more discrete amendments to their scope. This leads me to conclude that\, while it may at first appear to be a radical solution\, we should delete both s 267 and s 588FL. \nAbout the speakers \nAdam Waldman \nAdam Waldman is the Colin Phegan Associate Lecturer at the University of Sydney Law School. His field of research is commercial law\, with a particular focus on the Personal Property Securities Act 2009 (Cth) (‘PPSA’) and\, more generally\, on the relationship between statute and the general law. Adam is also a PhD candidate at the University of Sydney Law School\, and his ongoing doctoral research examines the interaction between equity and the PPSA through the lens of the notion of unconscionability. \nAdam teaches in Equity\, Introduction to Property and Commercial Law\, Torts and Contracts II\, and Legal Reasoning. He is also a lecturer for the Legal Profession Admission Board’s Diploma in Law\, where he lectures on personal property in Commercial Transactions. \nAdam has previously worked at a boutique law firm\, as a research assistant to counsel in chambers and as a research assistant to a former Supreme Court judge. He has also worked as a researcher at the University of Sydney and the University of New South Wales\, in the areas of insolvency\, corporations law\, and banking and financial law. \nCommentator: Tony Ryan (Consultant\, Ashurst) \nTony Ryan is a consultant in the restructuring\, insolvency and special situations practice of Ashurst’s Sydney Office. Tony advises on all aspects of corporate insolvency and restructuring law\, including voluntary administration\, deeds of company arrangement\, schemes of arrangement\, receivership and liquidations and has been involved in a number of significant cross-border matters including acting as lead partner on the liquidation of MF Global\, a major global financial services and derivatives broker group and one of the largest and most complicated bankruptcies in corporate history\, and the liquidation of HIH Insurance Limited\, a major insurance company with assets worldwide and the largest corporate insolvency in Australia. Tony is the NSW co-chair of the Insolvency and Restructuring Committee of the Business Law Section of the Law Council. Tony also lectures in insolvency and corporate finance law for Sydney Law School. \nChair: Dr Jason Harris (Professor of Corporate Law and Director of the Ross Parsons Centre at Sydney Law School) \n  \nTuesday 3 October\, 6-7pm AEST\nCPD points: 1 \nThis event is proudly presented by Sydney Law School at the University of Sydney.
URL:https://law-events.sydney.edu.au/event/ross-parsons-centre-law-and-business-seminar-law-reform-the-ppsa-why-we-should-delete-s-267-and-corporations-act-s-588fl/
CATEGORIES:Commercial,corporate and tax law events,CPD eligible events
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DTSTART;TZID=Australia/Sydney:20231012T120000
DTEND;TZID=Australia/Sydney:20231012T130000
DTSTAMP:20260416T125052
CREATED:20240912T235534Z
LAST-MODIFIED:20240913T010756Z
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SUMMARY:Let's Talk About Corporations | "Bid-rigging"\, cartel regulation\, and public procurement: a comparative perspective from Switzerland
DESCRIPTION:Let’s Talk About Corporations | “Bid-rigging”\, cartel regulation\, and public procurement: a comparative perspective from Switzerland\nOnline event \nThis seminar provides a comparative perspective on cartel regulation\, focused on the Swiss framework. The presentation provides a brief overview of the effects that cartels can have on competition\, followed by a careful examination of the different legislative measures the Swiss legal system has taken to tackle cartels\, enriched with current examples from practice. The focus lies on cartels that are formed in the context of public procurement procedures - so-called “bid-rigging”. \nAbout the speakers\nLeandra Diem\nLeandra Diem holds a master’s degree in law\, which she obtained from the Universities of Lucerne (Switzerland) and Paris Nanterre (France). After an internship at the Swiss Competition Commission and the commercial court of Bern (Switzerland)\, she is now a Research Assistant and PhD Candidate of the University of Lucerne (Switzerland). Her research focuses on Public Economic Law\, especially on Antitrust and Public Procurement Law. Her doctoral research focuses on bid-rigging from a public procurement law perspective. She is currently a visiting research scholar at the TC Beirne School of Law at the University of Queensland\, where she is examining comparative aspects of law. \nDiscussant: Dr Barbora Jedlickova \nDr Barbora Jedličková is a Senior Lecturer and Fellows of the Centre for Public\, International and Comparative Law and the Australian Centre for Private Law in the TC Beirne School of Law at the University of Queensland in Australia. She is a member of the Law Council of Australia’s Competition and Consumer Committee. Dr Jedličková holds degrees from the University of Glasgow in the United Kingdom (PhD in Law\, 2012; and LL.M. with Commendation in International Competition Law and Policy\, 2007) and from Masaryk University in the Czech Republic (Master Degree in Law and Legal Studies\, 2004). \nDr Jedličková specialises in competition law with principal research interests in competition-law theories\, competition law in the digital economy and comparative competition law. Her research has focused on various topics\, including cartels\, anticompetitive agreements and AI\, exclusionary conduct\, vertical restraints\, bargaining power\, and economic and jurisprudential theories and arguments in competition law. Her research also includes the analysis of specific markets with distinctive issues\, such the grocery retail market and the pharmaceutical market. She has published both internationally and nationally. Dr Jedličková has been a visiting scholar at the University of Iowa\, Boston University and the Court of Justice of the European Union. She has been an Australian reporter for the International League of Competition Law (LIDC) for five international LIDC projects. She has served as an Editor of the Oceania Column of Competition Policy International (2019-2023) and as a General Editor of the LAWASIA Journal (2014). \n‘Let’s Talk About Corporations’ Seminar Series – a joint project of the UQ Law School and Sydney Law School.\nFind out more about the series.\n>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> \nThursday 12 October\, 2023\nTime: 1-2pm AEDT \nLocation: Online webinar via Zoom \n>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> \nThis event is proudly co-presented by Sydney Law School at the University of Sydney and the School of Law at the University of Queensland.
URL:https://law-events.sydney.edu.au/event/lets-talk-about-corporations-bid-rigging-cartel-regulation-and-public-procurement-a-comparative-perspective-from-switzerland/
CATEGORIES:Commercial,corporate and tax law events,CPD eligible events
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