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CALL FOR PAPERS
Securities
Class Actions, Creditors Rights and Enhanced Corporate Governance: The Dawn
of A New Age?
Business Law and Taxation at UNSW
3rd - 5th February 2008
Crowne Plaza
Coogee Beach,
Sydney
The Corporate Law Teachers Association and the School of Business Law and
Taxation, The University of New South Wales, invite the submission
of papers for presentation at the forthcoming conference which will be held
on the theme:
"Securities Class Actions, Creditors Rights and Enhanced Corporate Governance:
The Dawn of A New Age?"
The conference theme explores the ramifications of recent significant Australian
High Court decisions in Fostif (green light given to litigation funding)
and Sons of Gwalia (elevation of shareholders interests in insolvency
from subordination to parity) and its implications for, inter alia, corporate
governance and law reform. The Federal Government has requested the Corporations
and Markets Advisory Committee (CAMAC) to deliberate on whether shareholders
who acquired shares as a result of misleading conduct by a company prior to
its insolvency should be able to participate in an insolvency proceeding as
an unsecured creditor in such circumstances. This issue, together with
the ability of litigation funders to control litigation, provides a potent
mix for enhanced shareholder protection and corporate governance practices.
What of the rights of creditors? Are shareholders deserving of protection during
insolvency from the risk of being defrauded? Has the current law struck the
wrong balance? Will shareholders generally succeed in proving causation?
What are the implications for the efficient administration of insolvency proceedings? The
conference theme explores these policy issues and the need for law reform,
if any.
The Convener will consider papers on any aspects of company law, but, in the
selection of conference papers, those within the specific theme of the conference
will be given preference considered. The Convener would especially like
to receive papers on the following topics:
- Securities fraud and shareholder remedies
- Class actions and litigation funding – issues and implications
- Statutory debt subordination – comparative perspectives
- Efficiency issues in administration of current insolvency laws
- Corporate governance issues – in particular, arising from High Court
decisions in Fostif (2006) and Sons of Gwalia (2007)
Abstract Receipt Date
Papers will be selected on the basis of an abstract of no more than 150 words.
Abstracts should be submitted electronically (in word document), typeface Times
Roman 12 font by email to the Conference Convener:
Anil Hargovan
Email: a.hargovan@unsw.edu.au
By Monday 15 October 2007
Participants are encouraged to submit their abstract as soon
as possible to avoid potential disappointment.
Please note: The acceptance of a paper for the Conference does not
imply that the costs for attending the Conference or the Conference Registration
Fee will be covered by the CLTA. The CLTA only provides a forum for discussing
aspects relevant to corporate and insolvency law. All participants are expected
to cover their own costs.
Paper Receipt Date
Papers must be submitted electronically (in word document), typeface Times
Roman 12 font to the Convenor Anil Hargovan (a.hargovan@unsw.edu.au)
and copied to the School Administrator Bibi Moore (b.moore@unsw.edu.au)
by, or before, Monday 21st January 2008 to be included as part of published
conference proceedings. Papers received after this date will not be made available
to delegates by the Conference Organisers.
Best paper prize
For those wishing to participate in the Best Paper Prize, which
is sponsored by Chartered Secretaries Australia, the deadline for submission
of eligible papers is Friday 11th January 2008. Further information
on Best Paper Prize is
available at the CLTA website.
Enquiries
For any queries regarding the conference theme, conference papers or any other
non-administrative arrangements regarding the Conference, contact the Convenor
Anil Hargovan (a.hargovan@unsw.edu.au). For further information about
the CLTA or past conferences visit the CLTA
website.
For all administrative enquiries, contact the School Administrator, Bibi Moore
(b.moore@unsw.edu.au).
 Visit
the Conference Website.
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