Australian and Middle Eastern and Northern African (MENA) Perspectives

Director of Studies Banking and Finance Law, Melbourne Law School

Andrew Godwin is Director of Studies for the Graduate Program in Banking and Finance Law, Director of Transactional Law and Associate Director of the Asian Law Centre (Commercial Law) at Melbourne Law School. Andrew’s teaching and research interests include finance and insolvency law, transactional law, financial regulation (particularly disclosure and regulatory systems), property law and the regulation of financial and legal services. Andrew has acted as consultant to a broad range of domestic and international regulators and organisations on aspects relating to financial and legal services, including the Australian Department of Foreign Affairs and Trade (DFAT); the State Council Legal Affairs Office in China; the World Bank; the Australian Prudential Regulation Authority (APRA); the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and the Australian Securities and Investments Commission (ASIC).

Presenting: 'Creating new Arab-Australian Markets through Financial and Legal Services'

Over the past decade or so, many countries in the Middle East have become significant players in the global markets for financial and legal services. As a result of growing wealth and income levels and developments in Islamic finance, the region is increasingly important as an importer and exporter of financial and legal services. This presentation will explore the bilateral and multilateral frameworks for trade between Australia and the Middle East in these areas, including the proposed Free Trade Agreement between Australia and the Gulf Cooperation Council, and discuss developments and challenges in this regard.

Associate Professor, Melbourne Law School, University of Melbourne

Associate Professor Rosemary Teele Langford is a leading expert on directors’ duties and governance, with two books and multiple journal articles on the topic. She is an active member of the Corporations Committee of the Business Law Section of the Law Council of Australia and the Not for Profit Law Committee of the Law Council of Australia and a member of the AICD Laws Committee. Rosemary is an experienced lecturer, specialising in subjects such as Corporate Governance and Directors’ Duties (in the Melbourne Law School Masters course) and she edits the directors’ duties section of the Company & Securities Law Journal. In June 2019 Rosemary commenced a three-year project on governance and regulation of charities, funded by the Australian Research Council. The first part of the project involves comprehensive comparative investigation on the duties of persons who govern charitable entities, ascertaining reasons for incoherence and recommending reforms.

Presenting: ‘Overview of Australia's System of Corporations Law and Directors' duties'

This presentation provides an overview of Australia’s system of Corporations Law, with particular focus on the duties of directors and officers. It highlights the considerations to bear in mind when taking on the responsibility of directing an Australian company.

Also co-presenting with Associate Professor Hossein Esmaeili: ‘Charity Law and Islamic Law’

CEO and Co-Founder of Voconiq, Queensland

Dr Kieren Moffat is a social and organisational psychologist who has worked at the interface of community and industry for more than 15 years in CSIRO, Australia’s national science agency, and now in private industry. For 11 years, Kieren led a research program in CSIRO focused on understanding the nature of social licence to operate for industries at national and local scales, with projects completed in more than 12 countries engaging 70,000+ citizens directly. In 2019, Kieren led the commercialisation of this science for CSIRO, establishing Voconiq as CEO and Co-founder. Voconiq now helps companies and industries achieve deep data science insights and supports their practical application of this knowledge to build trust and create space for innovation.

Presenting: ‘Cultural Perceptions of Arab-Australian Destination Markets for Australian Live Exports’

The nature of trust between the Australian live export industry and the Australian community is complicated and influenced by a range of factors. These factors include the nature of the destination markets for Australia’s live exports, and community perceptions of animal welfare standards and cultural practices in those destination markets. Drawing on the results of a nationally representative survey of more than 5000 Australian citizens, this presentation will explore opportunities for greater cultural understanding and alignment in an important economic exchange between Australia and its live export trading partners.

Adelaide Law School, University of Adelaide

Professor Christopher Symes is a professor of law at Adelaide Law School. A full time academic since 1993, Christopher previously worked as an accountant and practised as a commercial lawyer. His academic career has traversed both Business and Law schools, teaching in a variety of commercial law compulsory and optional topics both in Australia and Malaysia. He spent 2 years as Deputy Dean of Flinders Law School and has been a Deputy Dean at Adelaide Law School. Always active in relevant professional bodies, Christopher served for 20 years on an accounting professional body's disciplinary tribunal, was National President of the Corporate Law Teachers Association and continues his involvement with the ARITA and the Law Council's Insolvency and Reconstruction Committee. His main academic interest is insolvency law. Professor Symes has written books and numerous articles for both an academic and practitioner readership. He is an editor of Australian Journal of Corporate Law and also a co-author of Corporations Law In Principle and Business and Corporations Law (now in its fourth edition).

Presenting: ‘An appetite for Arab-Australian business regulation and the queasiness brought on by financial distress'

Today, business regulation is an ‘epic degustation menu’ of more and more statutes and there are business regulators who sit at a table overflowing with ‘dishes’ – composed of enforcement pyramids, royal commission recommendations, harms approaches and the like – from which they sample. Meanwhile, there remains traditional ‘table etiquette’ in the form of recognition of secured credit and protection of creditors in insolvent situations. Professor Symes will provide a cross border ‘food review’ of the regulation, its enforcement and the justification of retaining creditor protection during times of financial distress.  

Flinders University College of Business, Government and Law
Conference Convener

Dr Hossein Esmaeili is an Associate Professor of Law at Flinders University. Dr Esmaeili’s main research areas are international and comparative law focussing on energy and natural resources as well as Middle Eastern and Islamic law. He has been consulted and cited as an authority in Australian tribunals and courts on matters relating to Middle Eastern law. Associate Professor Esmaeili has an extensive publication record in international law, Islamic and Middle Eastern law and Australian law. Associate Professor Esmaeili has an extensive publication record in international law, Islamic and Middle Eastern law and Australian law. He has authored, co authored and co-edited five book and  is also the author of a large number of refereed and international journal articles published in leading law journals in Australia, Europe and the US. Hossein is Editor in Chief of the Flinders Law Journal and a Co-Rapporteur of the International Law Association, Committee on International Law and Islamic Law

Co-presenting with Associate Professor Rosemary Langford: 'Contrast in Charities Law Systems in Australian and Islamic Law'

Dean of Education, Flinders University College of Business, Government and Law

Professor Christopher Kee is an internationally renowned Australian lawyer and academic whose expertise ranges from international commercial law (broadly defined) through to legal education and university management.  At present Christopher is the Dean (Education) for the College of Business, Government and Law at Flinders University, Australia. Christopher is also a Director of the prestigious Willem C Vis International Commercial Arbitration Moot. Christopher has published widely, particularly in the field of arbitration, and has been invited to lecture in numerous countries around the world.

Presenting: ‘Educational Development of Arbitration in the Arab Region and Australia’

Dean of Law at Flinders University

Tania's current research interests include future mobility solutions, disruption in the legal profession, artificial intelligence and legal tech, and the future of legal education. She is a member of the National Transport Commission’s Automated Vehicles Industry Insight Group and the Australian Driverless Vehicle Initiative [ADVI]’s Policy & Risk Group. Tania holds a current unrestricted practising certificate.  She continues to undertake legal consultancy work, particularly in relation to legal implications of grey fleet & light fleet, and regulatory issues re hyperloop technologies. As Dean, Tania sits on the Legal Practitioners Education & Admission Council of SA, The Law Society of SA Council, the Law Society’s Legal Technology Committee and the Law Foundation of SA Incorporated Board.

Presenting: ‘Legal Implications of Automated Vehicles, Arab-Australian Regulatory Responses’ 

Access to transport and mobility has enormous impact on our society, in Australia, and elsewhere including in the Gulf Cooperation Council Arab Nations which are eagerly embracing the benefits of smart mobility. Heavy freight vehicles transport goods across large distances between population centres, agricultural and mining hubs and ports. Light commercial vehicle use underpins the economy, enabling industry, trade, health care, emergency services and law enforcement. Mass public transport, taxis, ridesharing, and private vehicle use enables our population to be mobile, undertake employment, trade, and access health, education and other government services. Our transport infrastructure acts as the arteries connecting our communities, cities, regional, rural and remote centres. Technological advances, population shifts, resource sustainability and climate change imperatives now urge us to rethink our transport system. We need 'options that maximise mobility in… cost, time, network impacts, productivity, social (equity and health) and environmental outcomes'.

Legal issues arise at every stage across the mobility lifecycle as governments and industry seek to introduce these new technologies, including assuring design standards, interoperability, ensuring safety, data security & privacy, and managing liability and risk. Existing regulatory frameworks based on traditional transport taxonomies do not neatly align with new transport modalities. Additional challenges arise across jurisdictions, in Australia and in Arab states, as a result of differing environmental conditions, road types, use on remote industrial and mine sites, international interoperability etc. Legal infrastructure has a critical role to play in responding to these challenges. This presentation will consider how regulatory settings can support innovation and adoption of emerging future mobility technologies whilst also ensuring safety.

Judge, North Cairo Primary Court, Egypt

Dr. Shams Al-Hajjaji holds a Ph.D. from the University of Luxembourg, JSD and LLM from the University of California Berkeley, LLM from The American University in Cairo, as well as LLM and LLB from Cairo University. Al-Hajjaji is a judge at the North Cairo Primary Court (Egypt) and is currently a postdoctoral research associate at Walter –Shucking Institute for International law at the University of Kiel (Germany). Previously, he worked as a visiting professor of Islamic law at the University of Antwerp (Belgium), a research fellow at the NATO Defense College (Italy), a research fellow at the University of Luxembourg (Luxembourg), as well as at the University of Carthage (Tunisia).

Presenting: 'Endowments in Islamic jurisprudence, and Arab countries' practices'

The research examines jurisprudence from historical and contemporary practices and perspectives. It investigates endowments in Islamic schools of thought and Arab courtiers’ practices. Endowments are among the main sources of funds in Islamic jurisprudence. They have historically passed through several limitations that hindered their applicability in order to contribute positively to Arab society. This research presents such obstacles, as well as proposes tools of reform to the current endowment system in the light of the Islamic jurisprudence, and western practices.