Jason Harris

Lecturer

BA, LLB (UWS), LLM (ANU)

Academic Profile

Jason Harris has taught and researched in the areas of Corporate Law, Corporate Insolvency Law and General Commercial Law for the past 7 years, having joined the UTS Law Faculty in 2007. Jason is an active researcher in the Corporate Law and Corporate Insolvency fields and has published many articles, books and book chapters on these areas. Jason is also a regular presenter at professional and academic conferences and seminars on Corporate Law and insolvency issues. Jason's research is focused on the regulation of corporate groups, corporate governance and directors duties, securities class actions and voluntary administration. He has worked previously at UNSW, ANU, UWS and the Australian Government Solicitor. Jason also takes an active role in the development of corporate and insolvency law through his membership of the Insolvency and Reconstruction Law Committee of the Law Council of Australia, Business Law Section, the Insolvency Practitioners' Association of Australia (academic member), and the Insol International Academic Forum. Jason is also a member of the national executive of the Australian Corporate Law Teachers' Association.

Current Research Activities

Regulation of Corporate Groups and Veil Piercing

Shareholder and Creditor Roles in Corporate Governance

Securities Class Actions as a Regulatory Tool

Subordination of Shareholder Claims

Voluntary Administration Empirical Study

Corporate Rescue and Reorganisation Statutes

Recent Publications

Many of Jason's papers may be downloaded without charge from the Social Science Research Network: http://ssrn.com/author=410949

Articles

Major Articles

Harris, J. (with Hargovan, A. and Austin, J.) (2008) Shareholder Primacy Revisited: Does the Public Interest Have Any Role in Statutory Duties?, Company and Securities Law Journal, (forthcoming)

Harris, J. (with Zandstra, A. and Hargovan, A.) (2008) Widening the Net: Accessorial Liability for Continuous Disclosure Contraventions, Australian Journal of Corporate Law, 22(1), pp 51-81

Harris, J. (with Hargovan, A.) (2008) The intersection between shareholders' and creditors' rights in insolvency: an Australian perspective, in Sarra, J. (ed.) Annual Review of Insolvency Law, Toronto, Thomson Canada, pp 699-734

Harris, J. (with Hargovan, A.) (2007) 'Sons of Gwalia Ltd v Margaretic - The Shifting Balance of Shareholders' Interests in Insolvency: Evolution or Revolution?, Melbourne University Law Review, 31(2), pp 591-621

Harris, J. (2007) Corporate group insolvencies: Charting the past, present and future of pooling arrangements, Insolvency Law Journal, 15(2), pp 78-99

Harris, J. (with Hargovan, A.) (2007) Sons of Gwalia and statutory debt subordination: An appraisal of the North American experience, Australian Journal of Corporate Law, 20(3), pp 265-300

Harris, J. (with Hargovan A.) (2007) Sons of Gwalia: Navigating the line between membership and creditor rights in corporate insolvencies, Company and Securities Law Journal, 25(1), pp 7-29

Harris, J. (2006) The constitutional basis of s 447A: Is it a power without limit? Insolvency Law Journal, 14(3), pp 135-149

Harris, J. (2006) Federal collective bargaining after Electrolux, Federal Law Review, 34(1), pp 45-73

Harris, J (with Gordon, B.) (2005) Lost in Transition: Section 447A and the question of members' rights when a company transitions from voluntary administration to a creditors' voluntary liquidation, Insolvency Law Journal, 13(2), pp 96-110

Harris J. (2005) Lifting the corporate veil on the basis of an implied agency: A re-evaluation of Smith, Stone and Knight, Company and Securities Law Journal, 23(1), pp 7-27

Shorter Articles, Case Notes

Harris, J. (2008) Initial impressions of the new statutory pooling provisions, 8(9), Insolvency Law Bulletin, pp134-136

Harris, J. (with Hargovan, A.) (2008) The scope of the pari passu rule, 20(1) Australian Insolvency Journal, pp 16-21

Harris, J. (with Siow, W.) (2008) Uncertainty regarding civil penalties and privilege against penalties, 60(2), Keeping Good Companies, pp 68-71

Harris, J. (2007) (with Nehme, M.)  An analysis of the Vines appeal, Company and Securities Law Journal, 25(8),pp 554-558

Harris, J. (2007) The Revised Statutory Pooling Provisions, 19(3), Australian Insolvency Journal, pp 28-30

Harris, J. (2007) Collapse Inc: the case of the sleeping watchdog?, 8(2), Insolvency Law Bulletin, pp 21-23

Harris, J. (2007) Detailed biography of a significant Australian legal figure, 15(4), Australian Law Librarian, pp69-70 (book review of Buti, A. 'SirRonald Wilson: A Matter of Conscience'

Harris, J. (with Hargovan, A.) (2007) Sons of Gwalia and the High Court: Implications for shareholders, creditors and the insolvency regime, 7(7), Insolvency Law Bulletin, pp 80-85

Harris, J. (2007) Pooling: An overview of reforms, Australian Insolvency Journal, 19(1), pp 16-21

Harris, J. (with Hargovan, A.) (2007) Piercing the corporate veil in Canada: A comparative analysis, Company Lawyer, 28(2), pp 58-62

Harris, J. (with Hargovan, A.) (2007) Taking continuous disclosure seriously: a landmark decision in Jubilee Mines, Keeping Good Companies, 58(11), pp 648-651

Harris, J. (with Hargovan, A.) (2006) Sons of Gwalia: policy issues raised by the subordination of shareholder claims, Insolvency Law Bulletin, 7(1), pp 1-8

Harris, J. (2006) Seeking court approval for pooling arrangements, Company and Securities Law Journal, 24(7), pp 443-447

Harris, J (2005) Pooling options for insolvent corporate groups, Company Lawyer, 26(4), pp 127-130

Harris, J. (with Hargovan A.) (2005) The relevance of control in establishing an implied agency relationship between a company and its owners, Company and Securities Law Journal, 23(7), pp 459-464

Harris, J. (with Hargovan A.) (2005) Can a company reinstatement order be sought for tactical advantage? Company and Securities Law Journal, 23(6), pp 391-395

Harris, J. (2005) The High Court limits protected industrial action, Keeping Good Companies, 57(1), pp 42-47

Harris, J. (with Hargovan, A.) (2004) The nature of the corporate employer's duty of care to employees: is it co-extensive? Australian Business Law Review, 32(5), pp 367-371

Harris, J. (2004) Lifting the corporate veil in industrial disputes, Company and Securities Law Journal, 22(1), pp 69-72

Harris, J. (2004) Liquidator forced to hold s 508 members' meeting despite no prospect of return for members, Company and Securities Law Journal, 22(4), pp 284-5

Harris, J. (2004) Can the court order the reinstatement of a deregistered company on a limited basis? Company and Securities Law Journal, 22(8), pp 531-534

Harris, J. (2004) When will the execution of a deed of company arrangement terminate a pre-existing liquidation? Insolvency Law Journal, 12(3), pp 184-188

Harris, J. (2004) Flexibility in the 21 day time limit to set aside a statutory demand: The element of fairness considered, Insolvency Law Journal, 12(4), pp 256-258

Harris, J. (2004) More uncertainty for outsourcing arrangements, Keeping Good Companies, 56(1), pp 36-39

Harris, J. (2004) Excluding causal employees: recent developments, Employment Law Bulletin, 10(1), pp 5-7

Harris, J. (2003) Outsourcing under threat once again? Gribbles' case explored, Employment Law Bulletin, 9(5), pp 49-53

Harris, J. (2002) Freedom of speech and employees: a new application for s 298K? Employment Law Bulletin, 8(7), pp 57-62

Books

Harris, J. (with Hargovan, A. and Adams, M.) Australian Corporate Law, Sydney, LexisNexis Butterworths

Harris, J. (2004-2008) Corporations Legislation, Sydney, Thomson LBC (Annotated Corporations Act)

Harris, J. (2003) Essential Commercial Legislation NSW 2003/2004, Sydney, Lawbook Co

Harris, J. (with Donnelly, R.) (2003) Corporations Law, Sydney, Butterworths

Harris, J. et al (2001) Company Secretaries Essentials, Sydney, Butterworths

Harris, J. (with McSpedden, A. and Pincus, R.) Personal Injury Litigation NSW, Sydney, LexisNexis Butterworths (loose-leaf service)

Book Chapters

Company Law

Harris, J. et al (2008) Voluntary Winding Up; (2008) Deregistration and Reinstatment of Companies; (2008) Winding Up of Other Bodies; (2008) External Administration Offences; (2007) Classification; (2007) Corporate Constitution; (2005) Interpretation; (2005) Australian Stock Exchange in Corporations, Halsbury's Laws of Australia, Sydney, LexisNexis Butterworths

Harris, J. (with Adams, M.) (2008) Exercise of Company Powers and Meetings, Australian Corporate Practice, Sydney, LexisNexis Butterworths

Harris, J. et al (2004) Managed Investment Schemes; (2003) Compensation Regimes and (2003) Conduct of Securities Business in Australian Corporations Law Principles and Practice, Sydney, LexisNexis Butterworths

Miscellaneous

Harris, J. (2005) Business Society and the Law, 4th Ed, Melbourne, Thomson Learning, Ch 10 (tort) and Ch 27 (negotiable instruments) (forthcoming)

Harris, J. (with Smith, J) (2003) Negligence in Court Forms, Precedents and Pleadings NSW, Sydney, Butterworths

Harris, J. (2003) Business Society and the Law, 3rd Ed, Melbourne, Nelson Thomson, pp 632-648 (Ch 27)

Conference Seminar Papers

Harris, J. (2008) Aggrieved Investor Claims and Voluntary Administration: Sons of Gwalia and Beyond, Victoria University of Wellington, School of Accounting and Commercial Law, Staff Seminar Program

Harris, J. What price investor protection? Class actions vs. corporate rescue, 2008 Annual Insolvancy Workshop, QUT, Brisbane

Harris, J. (with Ever, M.) The Duties of In-House Counsel: The Bold, the Bright and the Blurred?, Australasian Law Teachers' Association 2008 Annual Conference, JCU, Cairns

Harris, J. (2008) Wage priority systems and guarantee funds in Australia, International Colloquium on Social Claims, University of British Columbia National Centre for Business Law, Vancouver

Harris, J. (with Hargovan, A.) (2008) The intersection between shareholders' and creditors' righs in insolvency: an Australian perspective, Annual Review of Insolvency Law, University of British Columbia National Centre for Business Law, Vancouver

Harris, J. (with Hargovan, A.) (2008) Shareholders as creditors: A response to the CAMAC Discussion Paper, Corporate Law Teachers' Association 2008 Annual Conference, UNSW, Sydney

Harris, J. (with Siow, W.) (2008) The scope of liability for breach of directors' duties, Corporate Law Teachers' Association 2008 Annual Conference, UNSW, Sydney

Harris, J. (with Zandstra, A. and Hargovan, A.) (2008) Widening the net: accessorial liability for continuous disclosure, Corporate Law Teachers' Association 2008 Annual Conference, UNSW, Sydney

Harris, J. (2007) The future role of shareholders in corporate governance, Flinders University Law School and University of Western Sydney Law School Staff Research Seminar Series

Harris, J. (2007) Problems with the classification of discretionary trusts, Australasian Law Teachers' Association 2007 Annual Conference, University of Western Australia Faculty of Law, Perth

Harris, J. (with Hargovan, A. and Austin, J.) (2007) Shareholder Primacy Revisited: Does the Public Interest Have Any Role in Statutory Duties?, Australasian Law Teachers' Association 2007 Annual Conference, University of Western Australia Faculty of Law, Perth

Harris, J. (2007) Insolvent corporate groups: The new statutory pooling power, Corporate Law Teachers' Association 2007 Annual Conference, Deakin University, Melbourne

Harris, J. (with Hargovan, A.) (2007) Debt subordination and creditor protection: The North American experience (the Sons of Gwalia Litigation), Corporate Law Teachers' Association 2007 Annual Conference, Deakin University, Melbourne

Harris, J. (2006) Assessing the Use of Agency Principles to Lift the Corporate Veil, Australasian Law Teachers' Association 2006 Annual Conference, Victoria University, Melbourne

Harris, J. (2005) Assessing the Implications of Electrolux, Australasian Law Teachers' Association 2005 Annual Conference, University of Waikato, Hamilton, New Zealand

Harris, J. (with Gordon, B.) (2005) Lost in transition? The impact of voluntary administration on members' rights when insolvent companies transition into a creditors' voluntary liquidation, Corporate Law Teachers' Association 2005 Annual Conference, University of Sydney Law School

Harris, J (2004) The application of the agency ground for lifting the corporate veil in Australia, Corporate Law Teachers' Association 2004 Annual Conference, ANU Canberra