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Articles 1 - 16 of 16
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Professor David Allan Am, John H. Farrar
Professor David Allan Am, John H. Farrar
John H. Farrar
[extract] Like the late Lord Denning, David is not “a very retiring person”. David was born a Jew although he later converted to Anglican Christianity. This has led to a creative tension in his life – British in manner but Jewish in his restless drive and academic entrepreneurship. His drive and output put many of his younger colleagues to shame. He has been involved in 20 books, more than 50 articles and countless papers at seminars and conferences. David in fact counts his joint venture with Mary as his major achievement. David and Mary married in 1980, so their joint …
Introduction, John H. Farrar
Introduction, John H. Farrar
John H. Farrar
This issue which covers Comparative Corporate Governance is dedicated to the memory of Professor Michael Whincop of Griffith University, one of Australia’s most talented corporate scholars, who died recently.
Closely Held Companies – Legal And Tax Issues By Robert Dugan, Peter Mckenzie Qc And David Patterson, John H. Farrar
Closely Held Companies – Legal And Tax Issues By Robert Dugan, Peter Mckenzie Qc And David Patterson, John H. Farrar
John H. Farrar
Much of the careful and critical scholarship in this book is based on Bob Dugan’s expertise in US as well as New Zealand corporate law and practice. In this he is ably assisted in Peter McKenzie QC’s deep knowledge of Commonwealth company law and securities regulation and David Patterson’s skill in company law and taxation. New Zealand is fortunate to have a work of this quality in an area of great need at the present time.
The Personal Liability Of Directors For Corporate Torts, John H. Farrar
The Personal Liability Of Directors For Corporate Torts, John H. Farrar
John H. Farrar
The Corporations Law, section 588G imposes a duty on company directors to prevent insolvent trading. To this extent directors can be subjected to personal liability for corporate debts. This is the result of a long and complex statutory development. Even more complex is the question under the caselaw of when directors can be made personally liable for damages for corporate torts, including breach of statutory duty. Recently there has been a number of Australian cases dealing with such matters but unfortunately there has been a division of judicial opinion on the basic tests and a lack of clear analysis of …
Piercing The Corporate Veil In An Era Of Globalisation And International Terrorism And The Emergence Of The Lawyer As Gatekeeper And Whistleblower, John H. Farrar, Christoph Pippel
Piercing The Corporate Veil In An Era Of Globalisation And International Terrorism And The Emergence Of The Lawyer As Gatekeeper And Whistleblower, John H. Farrar, Christoph Pippel
John H. Farrar
[extract] Concern about the abuse of the corporate form has led to some useful European research, and the topic has received attention from the OECD. Since September 11 2001, we have had greater concentration on the financing of terrorism. This has led to international initiatives which have in turn resulted in domestic legislation. The legal and self regulation adopted by this and recent measures such as the US Sarbanes-Oxley Act of 2002 resulting from collapses such as Enron, is beginning to have an impact on the traditional roles of lawyers. New responsibilities are being imposed on lawyers to act as …
Corporations Law Workbook Second Edition By Lorraine Griffiths, The Law Book Company, Sydney, 1994, John Farrar
Corporations Law Workbook Second Edition By Lorraine Griffiths, The Law Book Company, Sydney, 1994, John Farrar
John H. Farrar
This is a second edition of the book first published in 1992.
A Brief Thematic History Of Corporate Governance, John H. Farrar
A Brief Thematic History Of Corporate Governance, John H. Farrar
John H. Farrar
In this article we will examine some dominant themes in the history of corporate governance. This will necessarily be of an international nature since Australian and New Zealand owe much to their colonial inheritance and are currently influenced by North American ideas and yet do business with South East Asia where many of the legal systems are of a different background and history. Having identified major themes we shall see how they are relevant to Australia and New Zealand. In doing so we shall consider path dependence amongst other things.
Doctrine And Reputation, John H. Farrar
Doctrine And Reputation, John H. Farrar
John H. Farrar
Mary Hiscock and David Allan are both comparative lawyers of distinction who have promoted the cause of the internationalisation of Australian law. Their work highlights the role of academic lawyers in the development of the law and the status of legal writings as a source of law. It also raises the question of how one measures a professional reputation. The purpose of this article is to consider the relationship between these questions.
Owen Dixon By Philip Ayres, John H. Farrar
Owen Dixon By Philip Ayres, John H. Farrar
John H. Farrar
We have been waiting a long time for a detailed biography of Chief Justice Sir Owen Dixon. One was expected from James Merralls QC but now we have a substantial work by Philip Ayres of Monash University.
Reasoning By Analogy In The Law, John H. Farrar
Reasoning By Analogy In The Law, John H. Farrar
John H. Farrar
Reasoning by analogy is fundamental to Common Law method and yet until recently has received relatively little analysis except as part of the Doctrine of Precedent. In this article we shall attempt an analysis of the nature of analogy in general, its relationship to logic and its place in reasoning with cases, statutes and codes. We shall then review some theoretical discussions of analogy and the link between reasoning by analogy and justificatory reasoning, ending with an analysis of justification in terms of principle, policy and considerations of fairness underlying the Doctrine of Precedent. The analysis of justification provides some …
A Note On Dealing With Self Interested Transactions By Directors, John H. Farrar
A Note On Dealing With Self Interested Transactions By Directors, John H. Farrar
John H. Farrar
Self interested transactions by directors have always been a difficult area on which to advise. The main problems arise out of the complex interface of the original equitable rule, the constitution and the relevant provisions of the statute which have changed over time. Although the Corporate Law Economic Reform Program Act 1999 has made a number of improvements to the law there still remain problems, some of which have been caused by the style of drafting used in the new sections.
Professor Mary Hiscock, John H. Farrar
Professor Mary Hiscock, John H. Farrar
John H. Farrar
[extract] She was persuaded to accept the offer of a Chair of Law at Bond in 1993 when I became Dean, and she served as Associate Dean (Research and Graduate Studies) from 1994-1997. She has served with distinction and made a strong contribution to the University, both in terms of teaching Contract and International Trade Law, and in serving on University Committees. She chaired the inaugural Research Committee for many years. She reckons that, at Bond, she has experienced some of the best students and most supportive colleagues of her career. Bond has also managed to replicate the smaller classes …
Frankenstein Incorporated Or Fools’ Parliament? Revisiting The Concept Of The Corporation In Corporate Governance, John H. Farrar
Frankenstein Incorporated Or Fools’ Parliament? Revisiting The Concept Of The Corporation In Corporate Governance, John H. Farrar
John H. Farrar
In this article the concept of the corporation as separate legal person is revisited and the argument is put forward that Salomon v Salomon & Co Ltd was formal reasoning, giving recognition to what the judiciary conceived to be emerging social and economic reality, but was inadequately justified in terms of principle and policy. The concept was also inadequate for doctrinal purposes in corporate decisionmaking; hence the equation of the good of the company with that of its shareholders which is logically inconsistent with the idea of a separate legal person. The Anglo-Australian approach is narrow, ethnocentric and increasingly isolated …
David Allan 1928-2006, Reginald Hiscock, John H. Farrar
David Allan 1928-2006, Reginald Hiscock, John H. Farrar
John H. Farrar
No abstract provided.
Corporate Governance, John H. Farrar
Corporate Governance, John H. Farrar
John H. Farrar
Corporate governance which is the subject of this issue is a fashionable concept but like most fashionable ideas it is remarkably imprecise. It is about corporate power, corporate accountability and the standards by which the corporation is to be governed and by whom.
Minority Shareholder Remedies - Shifting Dispute Resolution Paradigms, John H. Farrar, Laurence Boulle
Minority Shareholder Remedies - Shifting Dispute Resolution Paradigms, John H. Farrar, Laurence Boulle
John H. Farrar
This article considers the approaches to the remedies which are available to minority shareholders for conduct by the majority alleged to be oppressive, unfairly prejudicial or discriminatory. In doing so it focuses, inter alia, on the statutory provisions now contained in sections 232-3 of the Corporations Act 2001 Cth.