RESEARCH PUBLICATIONS:
BOOKS
Law
Reform and the Law Commission
Modern Legal Studies Series - Sweet & Maxwell (1974)
An
Introduction to Legal Method Sweet & Maxwell (1977).
Third edition with A M Dugdale (1990)
Palmer’s Company Law,
specialist Editor, 23rd and 24th editions
Company
Law and Securities Regulation in New Zealand
(jointly with M Russell)
Butterworths, NZ, (1985) (Winner of the J F Northey Prize of the
Legal Research Foundation for the best law book published in New
Zealand in 1985)
Hahlo’s
Cases and Materials on Company Law
Editor, 3rd edition Sweet & Maxwell (1987)
Chattel
Security - Revision and Update
(jointly with R J Scragg) NZLS (1987)
Contemporary Issues in Company Law,
CCH (NZ) (1987) editor and contributor
Australian Corporation Law Service
- Specialist Contributor (Company Charges)
Dimensions in Business Finance Law
(ed by J Prebble) Butterworths
(NZ) Ltd (1992) “The Interface of Floating Charges, Romalpa
Clauses and Credit Factoring” (jointly with G. McLay) pp 65-92
Essays
in
New Zealand
Constitutional Law, “CER and
Harmonization of Laws between
Australia and
New Zealand”
Joseph P (ed.) (1995)
Corporate Insolvency,
“Insolvency and Corporate Groups - the Problem of Consolidation”
(Chapter jointly with A Darroch) J. Corkery and J. Lessing (ed.)
(1995)
Halsbury’s Laws of England,
New Zealand Pilot, Commentary on Sale of Goods (jointly with
Cynthia Hawes)
Farrar’s Company
Law,
4th ed. with B. Hannigan,
Butterworths, 1998
Corporate Governance in
Australia
and
New Zealand,
Oxford
University Press, 2001
Guidelines on Corporate Governance for Small and Medium Sized
Enterprise jointly with H.
Bosch, The Hong Kong Institute of Directors, Hong Kong 2003
Comparative Corporate Governance,
Bond University Press 2003.
Editor and contributor
Corporate Governance: Theories, Principles and Practice
Oxford University Press, 2nd edition, 2004
Corporate Governance: Theories, Principles and Practice
Oxford University Press, 3rd edition, 2008
Company
and Securities Law in New Zealand
Thomson Brookers, Wellington, 2008.
General Editor and author of eight chapters Joint General
Editor Second Edition 2013.
Corporate Law in
New Zealand gen ed S.Watson
and L Taylor, Thomson Reuters ,2018. Contributor
Legal Reasoning,
Thomson Reuters, Sydney, 2010.
Contemporary
Issues in Corporate Governance,
ed. by J H Farrar and S Watson, Centre for
Commercial and Corporate Law, University of Canterbury, 2010.
Regulatory Failure
and the Global Financial Crisis
(jointly with M Ariff and A Khalid eds) Edward Elgar,
Cheltenham, 2012.
Globalisation, the
Crisis and the State, ed by J
H Farrar and D Mayes, Edward Elgar, Cheltenham, 2013.
CHAPTERS IN BOOKS
Company
Law in Change (ed. by B
Pettet), Stevens London1987 “Ownership and Control of the Public
Listed Company - Revising or Rejecting the Concept of Control”
pp 39-67
Commercial Law in New Zealand,
(general ed. with A Borrowdale) Butterworths (NZ) Ltd (1992).
Author of Chapters 1, 11-21, 36, 39, 40, 42-51
Takeovers, Institutional Investors and the Modernization of
Corporate Laws O.U.P
(1993).
Editor and contributor
of Chapters 1, 11 and 12
Current
Developments in International and Comparative Corporate
Insolvency Law J Ziegel (ed.),
Clarendon Press Oxford (1994), Chapter 22, “The Responsibility
of Directors and Shareholders for a Company’s Debts Under New
Zealand Law”, pp 521-546
Essays
on Corporate Restructuring and Insolvency,
C. Rickett (ed.) Brookers Wellington (1996), “Voluntary
Administration in Australia and the United Kingdom - A
Comparative Study” pp 69-90
Company
Law (with B Hannigan)
Butterworths, London (1998) Fourth edition. Author of Chapters
1-14, 20, 22, 31-33, 35, 37, 38, 41-43
The Realm of
Company Law – A Collection of Papers in Honour of Professor
Leonard Sealy ed. by B. Rider,
Kluwer Law, London (1998) “The Duty of Care of Company Directors
in Australia and New Zealand” 37 – 52.
Key
Developments in Corporate Law and Trusts Law – Essays in Honour
of Professor Harold
Ford (ed Ramsay) Lexis Nexis,
Butterworths, Australia 2002 Chapter 3 Globalisation, “The New
Financial Architecture and Effective Corporate Governance”
Law,
Liberty, Legislation, (Finn
and Todd (ed)).Lexis Nexis, Wellington, 2008. “Codification of
Commercial Law”
The Sage Handbook
of Corporate Governance ed by
T. Clarke and D. Branson, Sage Publications Ltd, London 2012
Chapter 23 ‘The
Governance and Regulation of Complex Conglomerates’, 520-530.
Regulatory Failure
and The Global financial Crisis
(2012 supra) Chapter 8 “Improving the
Governance of Financial Institutions” 127-138
Globalisation, the
Crisis and the State (2013
Supra) Chapter 1 John Farrar and Daniel Mayes “Globalising the
Modern State, Chapter 12 John Farrar and Mohamed Ariff ‘The
Governance and Regulation of Sovereign Wealth Funds and Foreign
Exchange Reserves in a Post GFC World’.”
The Rise of BRICS:
Changing Paradigms for The Global Financial Political Economy
Vai Lo and M Hiscock (forthcoming Edward Elgar 2014) John Farrar
and Mohamed Ariff, “BRICS: Experiments within State Capitalism
and Institutional Investment”
Australia’s Trade,
Investment and Security in the Asian Century
Ed by J. Farrar, Mary Hiscock and Vai Io Lo, Chapter 1 “Hard
Choices! Defining Australia’s National Interest in the Asian
Century.”
The Future of Australian
Legal Education. Edited by K
Lindgren et al, Thomson Reuters Sydney 2018. JH Farrar Chapter
8” The Future of Australian Legal Education: A Comparative
View”143-155
Scholarship
Practice and Education in Comparative Law – A Festschrift in
Honour of Mary Hiscock, Editor
JH Farrar, Vai Io Lo and Goh Bee Chen, Springer, Singapore 2019.
Ibid Chapter 6
“Financial Stability after the Global Financial Crisis:
Globalisation, Nationalism and the Potential Demise of a Rules
based Order.” Jointly with Louise Parsons.
Governance and Law
Contemporary Views ed by Heath
Grow and Anona Armstrong, Keynote address by John Farrar “The
Duties of Controlling Shareholders: Complex Relationships, Legal
Confusion and New Approaches.” Victoria University 2020, 44-55
REPORTS
Modernizing Australian Corporations Law
- Report for the Business Council
of Australia and Australian Institute of Company Directors, 1992
Legal
Impediments to Increased Institutional Investor Involvement in
Corporate Governance -
Report for Australian Investment Management
Group 1993
Super
Voting Shares - Report by
Commonwealth Attorney General’s Expert Panel of Inquiry Feb.
1994 (Member and Co-author)
ARTICLES AND NOTES
All England
Reports Annual Review 1982
- Commercial Law Editor
Commercial Law notes
19-33.
Australian Law
Journal
“The Personal Liability
of Directors for Torts of Company” (1997) 71 ALJ 20 (note)
Australian Journal of Corporate Law
“Towards a Statutory
Business Judgment Rule in Australia” (1998) 8 Austr J of Corp L
237 (article)
“In Pursuit of an
Appropriate Theoretical Perspective and Methodology for
Comparative Corporate Governance” (2001) 13 Austr J of Corp L 1
(article)
“The Global Financial Crisis and the
Governance of Financial Institutions” (2010) 24 Austr J of Corp
L 227 (article)
Bond Law Review
“The Personal Liability of Directors
for Corporate Torts” (1997) 9 Bond LR 102 (note)
“Reasoning by Analogy
in the Law” (1998) 9 Bond LR. 149 (article)
“Frankenstein Inc or Fools’
Parliament? Revisiting the Concept of the Corporation in
Corporate Governance” (1998) 10 Bond LR 142 (article)
“A Brief Thematic
History of Corporate Governance” (1999) 11 Bond LR 259 (article)
“Corporate Governance
and the Judges” (2003) 15 Bond LR 49 (article)
“Minority Shareholder”
Remedies – Shifting Dispute Resolution Paradigms (2001) 13 Bond
LR 272 (article)
“Piercing the Corporate
Veil in an Era of Globalisation and International Terrorism and
Emergence of the Lawyer as Gatekeeper and Whistleblower” (2004)
16 Bond L.R. 96 (article jointly with Christoph Pippel).
“The Development of an
Appropriate Regulatory Response to the Global Financial Crisis”
(2009) 21(3) Bond LR 1 (jointly with L Parsons and P Joubert)
(article)
“Fighting Identity
Crime” (2011) 23 Bond LR 88 (article)
“Piercing the Corporate
Veil in Favour of Creditors and Pooling of Groups – A
Comparative Study” (2013) 25 Bond LR 31 (article)
“A Conspiracy of Paper?
William Paterson and the Mysterious Origins of Banking and
Company Law” (2020) 32 Bond LR1-13 (article)
British Journal of
Law and Society
“Legal Values:
(a short article/review of Stein & Shand’s “Legal Values
in Western Society”) (1974) 1 British Journal of Law and Society
210
Cambridge Law Journal
“Illegality - Takeovers
and Preacquisition Profits” [1973] CLJ 234 (case note)
“Abuse of Power by
Directors”, [1974] CLJ 221 (case note)
“Reservation of
Ownership and Tracing in a Commercial Context”, [1977] CLJ 27
(case note jointly with Nigel Furey)
“Inadequate Boards,
Organs and Section 35A of the Companies Act” [2003] CLJ 45 – 47
(note)
Canadian Business Law
Journal
“Business Judgment and
Defensive Tactics in a Hostile Takeover” (1988) 14 CBLJ 15.
(article)
“Tort and Piercing the
Corporate Veil” (1990) 16 CBLJ - (Note)
“New Zealand Considers a
PPSA” (1990) 16 CBLJ - (Note)
“The United Kingdom
Companies Act 1989” (1991) 17 CBLJ 150 (Note)
Canterbury Law Review
“Dr C J Foster -
Canterbury’s First Law Teacher” [1980] 1 CantLR 5-14 (article)
“Law Reform in New
Zealand - The State of Play” [1980] 1 CantLR 104-121 (article)
“Cross Frontier Mergers”
[1989-91] 4 CantLR 429-446 (article)
“Directors’ Duties and
Corporate Governance in Troubled Companies” [2001] 8 Cant LR 99
(article)
Commonwealth Law
Ministers’ Conference 1983
“Crimes Relating to
Insolvency” (with P Aldridge) (article)
Company and
Securities Law Journal
“Legal Issues Involving
Corporate Groups” (1998) 16 C & SLJ 160 (article)
“Related Party
Transactions in New Zealand; An Empirical Study of a Flawed
System” (2012) 30 C&S LJ 110 (jointly with D Jessep & S Watson)
(article)
Company Lawyer
“The Floating Charge on
Trial” [1980] 1 Co Law 83 (article)
“Company Insolvency and
the Cork Recommendations” [1983] 4 Co Law 20 (article)
“The Impact of
Institutional Investment on Company Law” [1984] 5 Co Law 107
(jointly with M Russell) (article)
Conveyancer and
Property Lawyer
“Floating Charges and
Priorities” (1974) Conv (NS) 315 (article)
“The Crystallisation of
a Floating Charge” (1976) Conv (NS) 397 (article)
Corporate and
Business Law Journal
“Corporate Governance,
Business Judgement and the Professionalism of Directors” (1993)
6 CBLJ 1-28 (article)
Insolvency Law and
Practice
“Some Distinctive
Characteristics of New Zealand Insolvency Law” (1985) 1
Insolvency Law and Practice 68 (article)
International and
Comparative Law Quarterly
“Law Reform Now - a
Comparative View” (1976) 25 ICLQ 214 (article).
Cappelletti and Jolowicz
“Public Interest Parties and the Active Role of the Judge in
Civil Litigation” (1976) 25 ICLQ 708 (review)
IPA Review
“The Idea of a Private
University” (1996) 49 IPA Review 19-22 (article)
Journal of Business
Law
“The EEC Draft
Convention of Bankruptcy” [1972] JBL 256 (article)
“Developments in the Law
of Receivers” [1975] JBL 23 (article)
Editorial on Reform of
Bankruptcy Law [1975] JBL 86
“Corporate Insolvency
and the Law” [1976] JBL 214 (article)
“The EEC Draft
Convention on Bankruptcy and Winding Up - A Progress Report”
[1977] JBL 320 (article)
“Recent Developments in
New Zealand Company Law” [1980] JBL 296 (article)
“Fraudulent Trading”
[1980] JBL 336 (article)
“The Bankruptcy of the
Law of Fraudulent Preference” [1983] JBL 390 (article)
As Insolvency editor I
wrote case notes from 1976 until 1990.
I also reviewed numerous books on Insolvency.
Journal of Corporate
Law Studies
“Self-dealing,
Fair-dealing and Related Party Transactions – History, Policy
and Reform” (2011) 11 JCLS 495-524 (article)
Journal of Malaysian
and Comparative Law
“The Radical
Transformation of Company Law – Global Trends and Local
Initiatives” (2006) 33 JMCL 1 (article)
Journal of the
Society of Public Teachers of Law
“Law as Fact” (1972) 12
JSPTL (NS) 62 (a short article/review of Olivecrona’s 2nd
edition)
Lord Chorley’s “Law of
Banking” 6th ed (1975) 13 JSPTL (NS) 22 (review)
Judicial Review
“Reasoning by Analogy in
the Law” (2009) 9(3) The Judicial Review 309 (article)
Law Quarterly Review
“Social Investment and
Pension Scheme Trusts” (1986) 102 LQR 32 (with J K Maxton) (case
note)
Modern Law Review
“A Bank’s Rights in an
Insolvency Situation” (1971) 34 MLR 211 (case note)
“The Effect of s 9 of
the European Communities Act 1972 on English Company Law”
(jointly with D G Powles) (1973) 36 MLR 270 (article)
“Fraud, Representative
Actions and the Gagging Writ” (1975) 38 MLR 455, (jointly with N
V Lowe) (casenote)
“Report of the Committee
on the Preparation of Legislation” (1975) 38 MLR 533 (note)
New Law Journal
“The Taxation of
Investment Trusts” (1967) 117 NLJ 286 (article)
“The Industrial
Reorganisation Corporation” (1967) 117 NLJ 317 (article)
“The Finance of
Take-over Bids” (1967) 117 NLJ 565, 593 (2 articles)
“Thomas More - Lawyer
and Judge” (1969) 119 NLJ 679 (article)
“Illegality in Take -
over Bids” (1970) 120 NLJ 401 (3 articles)
“Contracting out of Set
- off” (1970) 120 NLJ 771 (article)
“Mutual Dealings and a
Bank’s Lien” (1971) 121 NLJ 314 (article)
“Transfer of a Business
to a Company” (1971) 121 NLJ 332 (article)
“The Authority of a
Company Secretary” (1971) 121 NLJ 911 (article)
“Fraudulent Trading and
the Company Secretary” (1972) 122 NLJ 13 (article)
“Termination of a
Partnership on the Grounds of Illness” (1972) 122 NLJ 172
(article)
New Zealand Business
Law Quarterly “The Governance of
SMEs and Unlisted Companies” (2008) 14 NZBLQ 213 – 230 (article)
“ Billion Dollars
Bonfires- A Comparative Study of Regulatory Failure in the Non
Bank Sector in Australia and New Zealand” (2019) 25 NZBLQ213-223
New Zealand Law
Journal
“Informal Company
Arrangements with Creditors” (1979) NZLJ 71 (article)
“Public Policy and the
Pari Passu Rule” (1980) NZLJ 100.
(Article)
New Zealand Law
Review
“Enforcement: A
Trans-Tasman Comparison” (2005) NZ Law Review 383 (article)
New Zealand
Universities Law Review
“Alteration of Objects -
a suitable case for treatment” (1978) 8 NZULR 164 (extended case
note)
“The Securities Act
1978” (1979) 8 NZULR 301 (note)
Numerous book reviews
Oxford Journal of
Legal Studies
“Law Reform in New
Zealand” (1987) 7OJLS 151 (note)
Public Law Review
“Corporatisation,
Corporate Governance and the Deregulation of the Public Sector
Economy” (1995) 6 Public Law Review 24 (jointly with B McCabe)
(article)
Singapore Academy of
Law Journal
Guest editor of Special
Issue on Company Law 2011
“Directors’ Duties of
Care – Issues of Classification, Solvency and Business Judgement
and the Dangers of Legal Transplants” (2011) 23 SAcLJ
745-761.(article)
“Globalisation, the
Global Financial Crisis and the Reinvention of the State”
(jointly with Louise Parsons) forthcoming 2012 (article)
University of New
South Wales Law Journal
“Developing Corporate
Governance in Greater China” (2002) 25 UNSWLJ 462 (article)
Victoria University
of Wellington Law Review
“Harmonization of
Business Law between Australia and New Zealand” (1989) 19 VUWLR
435 (article)
“Salmond and Corporate
Theory” (2008) 38 VUWLR 925 (article)
Waikato Law Review
“Book Review: Legal
Reasoning: The Use of Analogy in Legal Argument” (2006) 14 Wai.
L. Rev. 145.
“Winds of Change Hit the
Legal Profession” (2007) 15 Wai. L. Rev. 23 (Book review)
“Living with the Waikato
Foundation Principles 20 Years On” (2010) 18 Wai. L. Rev.83
(article)
“William Larnach –
Victorian Mastermind, Fraudster or Tragic Victim?” (2019)27Wai.
L. Rev 77-86 (article)
Yearbook of New
Zealand Jurisprudence
“Early Conceptions of
the State in New Zealand” (2010-11) 13& 14 YBNZJ 51 (article)

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