Highlighting Commercial Law and Regulatory Studies in Italy, Ireland and Singapore in 2023
In 2023, the Centre for Commercial Law and Regulatory Studies hosted international conferences. We also advised competition officials as part of Australia’s engagement with the ASEAN Economic Community and recognised the work of Indigenous law students.
CLARS at Monash University Law School facilitates innovative research in commercial law, corporate governance and regulation.
CLARS presents conference on Sustainable Capitalism and the Corporation in Prato, Italy
In July 2023 CLARS hosted a cross-disciplinary conference in Prato, Italy in collaboration with Vanderbilt University, King's College London, Bocconi University and University of Auckland's Centre for Inclusive Capitalism.
The Conference on Sustainable Capitalism and the Corporation explored the relationship between the corporation and capitalism, as well as the regulatory pressure points and levers that can push capitalism in a more sustainable direction.
Leading scholars from around the world gathered at Monash University's Prato Centre to discuss some of the key issues of our time, including regulatory techniques to promote sustainability; shareholder engagement, ESG and climate change; and accountability for defective corporate cultures that undermine sustainability.
Thanks go to Randall Thomas, Dionysia Katelouzou, Giovanni Strampelli and Susan Watson for bringing their respective universities on board for this joint conference, and to all the scholars who participated in the event.
CLARS is grateful to Sarah Gore, Andrea Tilli and Leonardo Tinti at the Monash University Prato Centre for their great support in running the conference, and to the Monash Sustainable Development Institute (with special thanks to Tony Capon, Amy Turton and Liam Smith) for its involvement and for sponsoring a wonderful conference dinner, held on a balmy evening in La Piazza delle Carceri!
The hosting institutions are also grateful to the Monash Sustainable Development Institute (MSDI) for its support.
CLARS Co-hosts Major Conference on Comparative Takeovers and Securities Law in Dublin
Professor Jennifer Hill, Monash University, Mr. Stephen Holst, Managing Partner, McCann FitzGerald LLP, Hon. Kathaleen St. J. McCormick Chancellor, Delaware Court of Chancery; Professor Randall Thomas, Vanderbilt University School of Law, Professor Blanaid Clarke, Trinity College Dublin.
In the weeks leading up to the conference in Prato, CLARS also co-hosted a major conference in Dublin, Ireland.
The conference, ‘Comparative Takeovers and Securities Law - Australia, Ireland and the US’, was presented in collaboration with the law schools of Vanderbilt University and Trinity College Dublin.
Conference speakers included judges, former judges, regulators, M&A specialists and academics from Ireland, Europe, the United States, and Australia.
CLARS Member Dr Tim Bowley and CLARS PhD student Michael Lishman contributed to a vibrant panel discussion on comparative issues in takeover regulation and dispute resolution.
The conference was generously sponsored by McCann FitzGerald LLP.
Monash Law Joins Group of Leading Universities to Launch the Asian Corporate Law Forum
Monash was one of nine prestigious universities that convened at the Asian Corporate Law Forum (ACLF) Planning Meeting in June 2023.
CLARS Deputy Director Dr Steve Kourabas represented Monash Law at the meeting, which was hosted by Singapore Management University's Yong Pung How School of Law.
Asia's remarkable economic growth over the past five decades has made corporate law and governance in the region an issue of global importance. This meeting established the ACLF, a world-class organisation dedicated to pioneering cutting-edge research and promoting the dissemination of knowledge in this pivotal field.
The primary objective of the ACLF is to establish itself as the preeminent annual forum in this space, facilitating collaboration among leading scholars of Asian corporate law and governance.
During the ACLF Planning Meeting, the founding institutions unanimously decided to host annual conferences from 2024 to 2033, with each conference held by one of the leading Founding Institutional Members:
- Chulalongkorn University Faculty of Law,
- City University of Hong Kong Faculty of Law,
- Jindal Global Law School,
- Monash University Business and Law Schools,
- National Taiwan University College of Law,
- Peking University Law School,
- Seoul National University School of Law,
- Singapore Management University Yong Pung How School of Law, and
- the University of Tokyo Graduate Schools for Law and Politics.
Monash Law School is proud to be a founding member of this exciting initiative. The launch of the ACLF marks a significant milestone in the global pursuit of excellence in corporate law and governance research – one of the main goals of CLARS.
CLARS and ACCC in Bangkok to advise and train the Thai Competition Authority
CLARS Member and Deputy Associate Dean Mel Marquis cooperated with the Australian Competition and Consumer Commission to provide law and economics research and skills training to the Thai Competition Authority (the TCCT) in Bangkok in June.
In Bangkok, the training and practical exercises concentrated on a number of subjects such as:
- the role of competition law and effective enforcement in the ASEAN Economic Community,
- the law and economics of vertical restraints, and
- the application of various provisions of Thailand’s Trade Competition Act 2017.
A number of critical and reflective discussions explored themes such as:
- overreach risks in the area of distribution agreements,
- the relationship between competition law and fair commercial dealings, and
- the under-use of certain provisions in Thai law.
At the invitation of the Chair of the Thai Competition Authority, Dr Marquis also delivered an impromptu presentation and recommendations regarding the design and implementation of a ‘Competition Academy’ devoted to capacity building and research in the fields of competition law, economics and policy. This project will unfold in six phases through 2025 with a view to establishing a sustainable training institution for the Authority itself as well as other public authorities across ASEAN and especially the Mekong Delta region.
CLARS Intensive Course on Financial Services Regulation with The Hon. Justice Ashley Black
The Hon. Justice Ashley Black Shannon Finch, Lisa Splawa-Neyman and Dr Rhys Bollen
CLARS was fortunate to have The Hon. Justice Ashley Black teach an intensive course on ‘Financial Services Regulation’ for Monash Law in May and June 2023.
The Hon. Justice Ashley Black was appointed a judge of the Supreme Court of NSW in 2011, following his time as a partner at Mallesons Stephen Jaques (now King & Wood Mallesons). As one of the leading corporations and securities law commentators in Australia, he is the author of some of the leading texts on Australian corporations and securities law.
Shannon Finch (Group General Counsel at Westpac), Dr Rhys Bollen (Australian Securities and Investments Commission (ASIC)) and Lisa Splawa-Neyman (Special Counsel at KHQ Lawyers) all contributed to the subject.
It is hard to imagine more expertise in the room at one time - what a great experience for Monash law students!
Justice Black will be teaching Financial Services Regulation as an intensive unit again in July 2024. This unit, and other Monash corporate/commercial law subjects, are available on a non-degree audit-only basis.
CLARS Member Networking and Book Launch
Dr Tim Bowley, The Hon. Justice Matthew Connock, Dr Joanna Kyriakakis and Dr Steve Kourabas
In the company of CLARS members and affiliates, PhD students, and guests from the legal and business profession, The Hon. Justice Matthew Connock launched three new corporate law books written by CLARS members:
- Dr Tim Bowley’s ‘Activist Shareholders in Corporate Governance’;
- Dr Steve Kourabas’s ‘Global Finance in the 21st Century’, and
- Dr Joanna Kyriakakis’s ‘Corporations, Accountability and International Law’
At the event, CLARS Director Professor Jennifer Hill announced the winners of two CLARS Awards for Indigenous Student Excellence in Commercial Law. First introduced in 2022, this award recognises outstanding academic achievement by Indigenous students in the corporate/commercial and regulatory space.
The two $1000 Awards for Indigenous Student Excellence were awarded to Danielle Gower and Jessica Bennett.
Jessica Bennett (she/her) is a proud Ngunnawal woman who grew up on Wiradjuri Country in Albury, NSW. In 2022 Jessica completed a Bachelor of Laws (Honours) and a Bachelor of Arts majoring in Human Rights and Indigenous Cultures in Histories, and her honours work explored the practical realisation of the right to self-determination through the implementation of Victorian treaties. Jessica is passionate about human rights and education, and she hopes to have a career as a legal practitioner where she can apply an ethics of care approach to her work. Jessica commenced work in the Victorian Legal Aid Graduate Program in early 2023.
Danielle Gower recently completed her first year of a Bachelor of Laws (Honours) and Bachelor of Arts, majoring in Indigenous Cultures and Histories at Monash University. She is a proud Aboriginal woman and has a particular interest in the ways that Indigenous Australians intersect with the modern legal system. She is currently completing an internship within the Victorian Government as a member of the Land Rights team under the Department of Premier and Cabinet. Danielle has a growing interest in contract law and is looking forward to undertaking further research and opportunities in which she can combine her interests.
This past year has been very productive for CLARS and its members. These events, together with abundant outputs in publications, conference participation and other contributions, have prepared the way for more major achievements coming in 2024. The scholars of CLARS are looking forward to a new year with more high-impact events and collaborations in the spheres of commercial and corporate law, regulation, and intersecting fields.