Thursday, April 25, 2024

Timoshanko on ‘A New Sheriff in Town? Section 596A and Shareholders’ Newfound Powers’

Dr Aaron Timoshanko, a Senior Lecturer in the University of Southern Queensland School of Law and Justice, has published a new article titled 'A New Sheriff in Town? Section 596A and Shareholders' Newfound Powers'.  The article appears in Volume 51 of the Australian Business Law Review.  Here is the abstract:

"In the case of Walton v ACN 004 410 833 Ltd (in liq) (Walton), the High Court of Australia interpreted s 596A of the Corporations Act 2001 (Cth) in a way that benefits shareholders and former shareholders. Before this ruling, it was believed that examining company officers could only be done for the benefit of the company, its creditors, or contributories. However, post-Walton, eligible applicants, including shareholders and former shareholders, can now examine certain company officers about the examinable affairs of the company for their own benefit. This includes uncovering information about misconduct to potentially reclaim financial losses. As a result, there may be an increase in applications for eligible applicant status received by Australian Securities and Investments Commission and an overall increase in the enforcement of the Corporations Act."

Wednesday, April 10, 2024

Radavoi on ‘True Justice through Deep Listening on Country: Decolonising Legal Education in Australia'

Associate Professor Ciprian Radavoi of the University of Southern Queensland School of Law and Justice has co-authored a new article titled 'True Justice through Deep Listening on Country: Decolonising Legal Education in Australia'.  The article is written with Susan Bird and John Rawnsley, and appears in Volume 19(4) of AlterNative: An International Journal of Indigenous Peoples.  Here is the abstract:

"This article examines the impact of True Justice, a unique continuing legal education programme introduced in 2022 to increase cultural competency in legal practitioners. The programme achieves its purpose via the incorporation of First Nations principles and pedagogies, taking participants beyond the university classroom to learn deep listening on Country. The feedback from participants in the programme in April and May 2022 reveals the powerful experiences that are possible when the university classroom is abandoned in favour of place-based, trauma-informed learning. Incorporating not only First Nations perspectives but also pedagogies is particularly important in the legal profession, where, if these are ignored, practitioners and educators risk reproducing colonial models."