Law School: Events

Ross Parsons Centre Law and Business seminar | Law Reform & The PPSA: Why We Should Delete s 267 and Corporations Act s 588FL
2023-10-03 18:00 - 19:00 (Australia/Sydney)
Ross Parsons Centre Law and Business seminar | Law Reform & The PPSA: Why We Should Delete s 267 andÂ Corporations ActÂ s 588FL
Online event
The Government’s response to the Statutory Review of the Personal Property Securities Act 2009 (Cth) (â€˜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.
This seminar concerns s 267 of the PPSA and s 588FL of the Corporations Act 2001 (Cth), which are termed the â€˜vesting provisions’. The former provides that an unperfected security interest â€˜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 â€˜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.
In 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.
About the speakers
Adam Waldman
Adam WaldmanÂ 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 theÂ Personal Property Securities Act 2009Â (Cth) (â€˜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.
Adam 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.
Adam 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.
Commentator: Tony Ryan (Consultant, Ashurst)
Tony 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.
Chair: Dr Jason Harris (Professor of Corporate Law and Director of the Ross Parsons Centre at Sydney Law School)

Tuesday 3 October, 6-7pm AEST
CPD points:Â 1
This event is proudly presented by Sydney Law School at the University of Sydney.

Let's Talk About Corporations | "Bid-rigging", cartel regulation, and public procurement: a comparative perspective from Switzerland
2023-10-12 12:00 - 13:00
Let’s Talk About Corporations | â€œBid-riggingâ€, cartel regulation, and public procurement: a comparative perspective from Switzerland
Online event
This seminar provides aÂ comparative perspective on cartel regulation, focused on theÂ Swiss framework.Â The presentation providesÂ a brief overview of the effects that cartels can have on competition,Â followed by a careful examination of theÂ different legislative measures the Swiss legal system has taken to tackle cartels, enriched with current examplesÂ from practice. The focus lies on cartels that areÂ formedÂ in the context of public procurement proceduresÂ -Â so-called â€œbid-riggingâ€.
About the speakers
Leandra Diem
Leandra 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.
Discussant: Dr Barbora Jedlickova
Dr BarboraÂ JedliÄkovÃ¡Â 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 theÂ Law Council of Australia’s Competition and Consumer Committee. DrÂ JedliÄkovÃ¡Â holds degrees from the University of Glasgow in the United Kingdom (PhD in Law, 2012; and LL.M. with Commendation in InternationalÂ Competition Law and Policy, 2007) and from Masaryk University in the Czech Republic (Master Degree in Law and Legal Studies, 2004).
DrÂ JedliÄkovÃ¡Â specialises in competition lawÂ 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.Â DrÂ JedliÄkovÃ¡Â 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 asÂ an Editor of the Oceania Column of Competition Policy International (2019-2023) andÂ as a General Editor of theÂ LAWASIA JournalÂ (2014).
â€˜Let’s Talk About Corporations’ Seminar Series – a joint project of the UQ Law School and Sydney Law School.
Find out more about the series.
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Thursday 12 October, 2023
Time: 1-2pm AEDT
Location:Â Online webinar via Zoom
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This event is proudly co-presented by Sydney Law School at the University of Sydney and the School of Law at the University of Queensland.

**CANCELLED** Let's Talk About Corporations | Monetary sanctions against corporations: options for reform
2023-11-08 13:00 - 14:00
**This event has been cancelled.**
Let’s Talk About Corporations | Monetary sanctions against corporations: options for reform
Hybrid event
Monetary sanctions are the main method of punishing corporations for breaching the law. They are a mainstay of enforcement in many areas, including competition and consumer law, securities and investment law, environment law, bribery and corruption, privacy, and money-laundering. In this presentation, Professor Brent Fisse and Dr Radha Ivory examine the utility of these sanctions, with particular focus on the ALRC recommendations in the Final Report on corporate criminal liability (2020) and the escalation of maximum penalties under the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth).
About the speakers
Professor Brent FisseÂ
Brent Fisse is the principal of Brent Fisse Lawyers, Sydney. He was a partner of Gilbert + Tobin in Sydney from 1995-2003. He is a consultant to the Asian Development Bank on competition law and policy in Pacific Island economies including Fiji and PNG. Brent is an honorary professor of law at the University of Sydney.
He is the co-author (with Caron Beaton-Wells) ofÂ Australian Cartel RegulationÂ (2011) and the author of various books and papers on competition law and corporate regulation.
Dr Radha IvoryÂ
Dr Radha Ivory is a Senior Lecturer in Law at the University of Queensland, Australia (UQ), where she teaches company law and researches the transnational regulation of corruption and corporate crime. Radha’s work has been published by leading university presses and with leading law journals. Her current projects include studies of efforts to reform economic crime laws, including the international rules on corporate settlements in foreign bribery cases.
Chair: Dr BarboraÂ JedliÄkovÃ¡
Dr BarboraÂ JedliÄkovÃ¡Â is a Senior Lecturer and Fellow 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. DrÂ JedliÄkovÃ¡Â specialises in competition lawÂ with principal research interests in competition-law theories, competition law in the digital economy and comparative competition law. She has published both internationally and nationally, and hasÂ been a visiting scholar at the University of Iowa, Boston University and the Court of Justice of the European Union. She has also been an Australian reporter for the International League of Competition Law (LIDC) for five international LIDC projects and has served asÂ an Editor of the Oceania Column of Competition Policy International (2019-2023) andÂ as a General Editor of theÂ LAWASIA JournalÂ (2014).Â DrÂ JedliÄkovÃ¡Â is a member of theÂ Law Council of Australia’s Competition and Consumer Committee.
â€˜Let’s Talk About Corporations’ Seminar Series – a joint project of the UQ Law School and Sydney Law School.
Find out more about the series.
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Wednesday 8 November, 2023
Time: 1-2pm AEDT (12-1pm AEST)
In-person venue: Law School Board Room (W353), Level 3, Forgan Smith Building, The University of Queensland, St Lucia
Online:Â Zoom
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This event is proudly co-presented by Sydney Law School at the University of Sydney and the School of Law at the University of Queensland.

Ross Parsons Centre Law and Business seminar | Comparing Australia's insolvent trading regime with New Zealand's reckless trading regime
2023-11-08 18:00 - 19:00
Ross Parsons Centre Law and Business seminar | Comparing Australia’s insolvent trading regime with New Zealand’s reckless trading regime
Online event
This webinar will discuss the current state of insolvent trading law reform in Australia and contrast this with the reckless trading in New Zealand by discussing the recent NZSC decision in Yan v Mainzeal Property and Construction Ltd (in liq) [2023] NZSC 113.
Speakers

Dr Jason HarrisÂ (Professor of Corporate Law, Sydney Law School)
Mark WellardÂ (Associate Professor of Law, Faculty of Business, Law and Arts, Southern Cross University)
Natasha McHattanÂ (Lawyer & Consultant in Insolvency, Restructuring & Commercial Disputes)

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Wednesday 8 November
Time: 6-7pm
Venue: Online webinar
CPD Points: 1
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This event is proudly presented by the Ross Parsons Centre at Sydney Law School.

Ross Parsons Centre Law and Business seminar | Navigating the Consumer Data Right: A Business Perspective
2023-11-28 18:00 - 19:00
Ross Parsons Centre Law and Business seminar | Navigating the Consumer Data Right: A Business Perspective
Online event
The introduction of the Consumer Data Right (â€˜CDR’) in Australia in 2019 heralds a new era in data governance, with profound implications for businesses across various sectors. This world-leading initiative holds the potential to inject much-needed competition into key sectors of the economy and reinvigorate a waning commercial morality. However, like most transformative innovations, it is not without its challenges. One pressing concern is the need to safeguard consumer data rigorously, without imposing regulatory burdens that might discourage new market entrants. The impact of CDR on businesses is multi-faceted, depending on whether a business assumes the role of â€˜a consumer’, â€˜a data holder’, or â€˜a data recipient’ (accredited or not). This webinar explores the complex landscape of the CDR from a business perspective, shedding light on the challenges and opportunities that arise for entities engaged in this transformative journey.
Speakers

Presenter: Dr Natalia Jevglevskaja, Research Fellow, UNSW Sydney
Commentator: Alysia Abeyratne, Senior Manager, Digital Policy, DD&A | National Australia Bank Limited
Chair: Dr Jason Harris, Professor of Corporate Law, Sydney Law School

About the presenter
Natalia is a Research Fellow at the Faculty of Law and Justice of the University of New South Wales (UNSW Sydney, Australia) and an Associate Fellow of the Higher Education Academy, UK. As a member of the Australian Research Council Laureate ProjectÂ â€˜The Financial Data Revolution: Seizing the Benefits, Controlling the Risks’, she looks at how data and technology are transforming financial services in Australia and abroad and what measures may be required in the area of data and technology governance to facilitate innovation in finance. Natalia’s research on the Consumer Data Right (â€˜CDR’) can be accessedÂ here. The most recent analysis of the CDR and its potential impact on similar regimes evolving worldwide may soon be found in a monograph with Routledge (Anton Didenko, Natalia Jevglevskaja and Ross Buckley,Â Customer Data Sharing Frameworks: Twelve Lessons for the WorldÂ (2024, forthcoming)).
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Tuesday 28 November
Time: 6-7pm
Venue: Online webinar
CPD Points: 1
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This event is proudly presented by the Ross Parsons Centre at Sydney Law School.

John Emerson Oration and CLAANZ Annual Lecture: Statutory Eucalypts in the Law of Charity
2023-11-29 17:00 - 19:00 | Law Lounge, Level 1
John Emerson Oration and CLAANZ Annual Lecture: Statutory Eucalypts in the Law of Charity
Hybrid event
The Law Council of Australia Legal Practice Section’s Charities and Not-for-Profit Committee, the Charity Law Association of Australia and New Zealand (CLAANZ) and the University of Sydney Law School will host the fourth John Emerson Oration and CLAANZ Annual Lecture in Sydney on 29 November 2023. The Oration will be delivered by the Hon Justice Mark Leeming, New South Wales Court of Appeal and Challis Lecturer in Equity Sydney Law School, on â€˜Statutory Eucalypts in the Law of Charity’. The address will focus on the often hidden interaction between statute law and equity as it relates to the law of charity.
About the John Emerson OrationÂ

The John Emerson Oration is in honour of John Emerson AM. John has retired from Herbert Smith Freehills, where he was a partner for almost four decades. John is a Member of the Order of Australia for services to law and to the community, particularly through the provision of advice to charities and not-for-profit organisations and the development of public administration reform to encourage philanthropy in Australia.

About the CLAANZ Annual Lecture

In promoting its objective of charity law education, CLAANZ holds an Annual Public Lecture, which is open to anyone with an interest in charity law and the not-for-profit sector. The Annual Lecture addresses key, contemporary legal issues in the charity and not-for-profit sectors in Australia and New Zealand.

About the speaker
The Hon Justice Mark Leeming
The Hon Justice Mark LeemingÂ has served as a Judge of Appeal of the Supreme Court of New South Wales since 2013. He has been Challis Lecturer in Equity at the University of Sydney since 2004, and is a member of the editorial boards of the Journal of Equity and the Australian Bar Review. He is the co-author of two leading practitioner texts and a casebook on equity and trusts, and has published widely in the areas of constitutional law, administrative law, equity, trusts and legal history, including his recent book, Common Law, Equity and Statute: A Complex Entangled SystemÂ (2023).
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Wednesday 29 November, 2023
Time: 5-7pm (drinks and canapes from 5-5.30pm)
Location: University of Sydney, Law Lounge, Level 1, New Law Building Aennex, Eastern Avenue, Camperdown, NSW
Cost:Â Â Â $50Â in person & $25 onlineÂ (free for University of Sydney staff and for students at all institutions)
Student registration:Â If you are a student, please email law.events@sydney.edu.au to receive a discount code.
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This event is proudly co-presented by University of Sydney Law School, The Legal Practice Section’s Charities and Not-for-Profit Committee, and the Charity Law Association of Australia and New Zealand (CLAANZ).

Ross Parsons Centre Law and Business seminar | AI and Contracting: An EU Perspective
2023-11-29 18:00 - 19:00
Ross Parsons Centre Law and Business seminar | AI and Contracting: An EU Perspective
Online event
This webinar will discuss the use of artificial intelligence systems in commercial contracting. This is a joint event by the Ross Parsons Centre and the Automated Decision-Making and Society Centre, both of Sydney Law School.
Speakers

Professor Teresa RodrÃguez de las Heras Ballell
Sir Roy Goode Scholar at UNIDROIT, Rome, 2021-2022
Profesora Titular de Derecho Mercantil / Professor of Commercial Law
Departamento de Derecho Privado
Universidad Carlos III de Madrid, Spain
A/Prof Jorge Feliu Rey
Departamento de Derecho Privado
Universidad Carlos III de Madrid, Spain
Chair: Dr Jason Harris,Â Professor of Corporate Law, Sydney Law School

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Wednesday 29 November
Time: 6-7pm
Venue: Online webinar
CPD Points: 1
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This event is proudly presented by the Ross Parsons Centre at Sydney Law School.

Ross Parsons Centre Law and Business seminar | Insider Trading, Fiduciary Relationships, and Market Integrity: A Comparative Consideration of Insider Laws of United States and Australia
2024-02-08 18:00 - 19:00 | Law Lounge, Level 1
Ross Parsons Centre Law and Business seminar | Insider Trading, Fiduciary Relationships, and Market Integrity: A Comparative Consideration of Insider Laws of United States and Australia
In-person event
There are a variety of distinctions that exist between the Australian and US laws prohibiting insider trading. While insider trading is prohibited in Australia under an express statutory prohibition, a broad anti-fraud provision in the US has been interpreted by courts to prohibit insider trading. Australian insider trading laws are based on the concept of an â€œinformation connectionâ€ rather than a â€œperson connectionâ€, so that any person who possesses information that they know or ought reasonably to know is inside information is prohibited from trading or procuring trading in relevant financial products, or from communicating or â€œtippingâ€ that information to another person likely to do so, in order to protect market integrity.
However, in the US, such conduct is only illegal if it constitutes securities fraud, meaning essentially that the trader or tipper has breached a fiduciary duty of disclosure owed either to the source of the information or to the shareholders of the securities issuer. The differing treatment of â€œtippersâ€ and â€œtippeesâ€ in these two jurisdictions are discussed, the varying factors that are emphasised when determining the severity of the conduct of engaging in trading or tipping are considered. The comparative relevance of the existence of a fiduciary or other close relationship both for liability to arise and as a possible aggravating factor in sentencing convicted insider traders is also addressed.

Speakers
Professor Donna M. Nagy, Indiana University Maurer School of Lawâ€”Bloomington
Professor Donna M. Nagy (BA Vassar College, JD NYU School of Law) is Executive Associate Dean and C Ben Dutton Professor of Business Law at Indiana University Maurer School of Law.Â She teaches and writes in the areas of securities litigation, securities regulation, and corporations. She has written extensively on the selective disclosure of government information; government officials and financial conflicts of interest; and insider trading and fiduciary principles. Prior to commencing her academic career, Donna was an associate at the law firm of Debevoise & Plimpton in Washington, D.C., specialising in securities enforcement and litigation.
Associate Professor Juliette Overland, University of Sydney Business School
Associate Professor Juliette Overland (LLB (Hons I) (QUT), PhD (ANU)) of the University of Sydney Business School, researches and teaches in the area of corporate law, particularly the regulation of securities markets, insider trading, and corporate crime. Juliette’s research examines issues concerning corporate liability for insider trading, the effectiveness of insider trading regulation, and the relationship between corporate governance and insider trading. In addition to her experience as an academic, Juliette has extensive practical experience as a corporate lawyer, having worked in leading Australian law firms and as the Australian legal counsel for a global technology company.
Chair: Professor Jason Harris, Professor of Corporate Law and Director of the Ross Parsons Centre at Sydney Law School
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Thursday 8 February 2024
Time:Â 6-7pm
Venue: The University of Sydney, Level 1, Law Lounge, New Law Building (F10), Eastern Avenue, Camperdown
CPD Points:Â 1
This event is being held in-person at Sydney Law School.
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This event is proudly presented by theÂ Ross Parsons CentreÂ at Sydney Law School.

Ross Parsons Centre Law and Business seminar | Insolvency and Restructuring Reform in Europe: The Italian Experience
2024-03-14 18:00 - 19:00
Ross Parsons Centre Law and Business seminar | Insolvency and Restructuring Reform in Europe: The Italian Experience
Online event
This webinar will discuss recent reforms in the European Union and reflect on how those reforms have been implemented in Italy. It will provide an overview of Italian insolvency and restructuring laws, with a particular focus on reforms focussed on SMEs.
Speakers

Dr Irene Pollastro, Research Fellow, University of Turin
Chair: Dr Jason Harris,Â Professor of Corporate Law, Sydney Law School

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Thursday 14 March
Time: 6-7pm
Venue: Online webinar
CPD Points: 1
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This event is proudly presented by the Ross Parsons Centre at Sydney Law School.
