Prof Andrew Keay

STAFF PROFILE

Position

Professorial Research Fellow

Faculty

Faculty of Business and Law

Department

BL Law

Campus

Melbourne Burwood Campus

Biography

Professor Andrew Keay has a Bachelor of Law (LLB) degree from the University of Adelaide and a Master of Laws (LLM) and Doctor of Philosophy (PhD) degrees from the University of Queensland.

He is admitted as a Barrister and Solicitor of the Supreme Court of South Australia and the High Court of Australia as well as being admitted as a Barrister in England. He has been the partner of an Adelaide law firm, a Deputy Registrar of the Federal Court of Australia and has taught at a number of Australian universities. Besides being a Professorial Research Fellow at Deakin, Andrew is presently Professor of Corporate and Commercial Law in the School of Law, University of Leeds, England and a barrister at Kings Chambers. He specialises in teaching and researching in the areas of Corporate Law, Insolvency Law and Corporate Governance. Andrew has taught at all degree levels and supervised many students who have successfully completed PhDs. He has written 30 books and over 150 articles in peer reviewed journals (in the UK, US, Australia, the Netherlands, Germany, Hong Kong, and South Africa) including articles in the Modern Law Review, Law Quarterly Review, International and Comparative Law Quarterly, Cambridge Law Journal, Melbourne University Law Review, Sydney Law Review, Journal of Corporate Law Studies and the Journal of Business Law. His work has been cited by several courts around the world including the UK Supreme Court, the High Court of Australia, the Privy Council, the Supreme Court of Appeal in South Africa, the New Zealand Supreme Court, the Hong Kong Court of Final Appeal, the Singaporean Court of Appeal, the Full Court of the Federal Court of Australia, and the Courts of Appeal in Victoria, New South Wales, Queensland and Western Australia.

PUBLICATIONS:

Books:

European Insolvency Law : Reform and Harmonization, Edward Elgar, 2017 (485pp) (with Professor Gerard McCormack and Dr Sarah Brown)

Insolvency Legislation : Annotations and Commentary, 6th ed, LexisNexis, 2017, 2115pp (including legislation) (co-author, L.Doyle)

Directors’ Duties, 3rd edition, LexisNexis, 2016 (558pp).

Insolvency Legislation : Annotations and Commentary, 5th ed, Jordan Publishing (part of the Lexis Group), 2016, 2115pp (including legislation) (co-author, L.Doyle)

Board Accountability in Corporate Governance, Routledge, 2015, 298pp

Directors’ Duties, 2nd edition, Jordan Publishing (part of the Lexis Group), 2014 (558pp).

Insolvency Legislation : Annotations and Commentary, 4th ed, Jordans, 2014, 1976pp (including legislation) (co-author, L.Doyle)

McPherson’s Law of Company Liquidations 3rd ed, Sweet and Maxwell, 2013 (1203pp).  

The Enlightened Shareholder Value Principle and Corporate Governance, Routledge, 2012 (303pp)

Insolvency Law : Corporate and Personal 3rd edition, Jordan Publishing, 2012 (730pp) (co-author -  Professor Peter Walton)

The Corporate Objective, Edward Elgar, 2011 (346pp)

McPherson’s Law of Company Liquidations 2nd ed, Sweet and Maxwell, 2009 (1125pp).  

Directors’ Duties, Jordan Publishing, 2009 (476pp)

Insolvency Legislation : Annotations and Commentary, 3rd ed, Jordans, 2009 (co – author Louis Doyle) (1756pp (including legislation).

Insolvency Law : Corporate and Personal 2nd edition, Jordan Publishing, 2008 (664pp) (co-author -  Dr Peter Walton) . 

Read more on Andrew's profile

Publications

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2017

The harmonization of the avoidance rules in European Union insolvencies

A Keay

(2017), Vol. 66, pp. 79-105, International and comparative law quarterly, Cambridge, Eng., C1

journal

European insolvency law : reform and harmonisation

G McCormack, A Keay, S Brown

(2017), Cheltenham, Eng., A1

book

An analytical study of board accountability in transnational codes of corporate governance

A Keay

(2017), pp. 117-145, Corporate governance codes for the 21st century: international perspectives and critical analyses, Cham, Switzerland, B1

chapter
2016

Assessing and rethinking the statutory scheme for derivative actions under the Companies Act 2006

A Keay

(2016), Vol. 16, pp. 39-68, Journal of corporate law studies, Abingdon, Eng., C1-1

journal

Ascertaining the notion of board accountability in Chinese listed companies

A Keay, J Zhao

(2016), Vol. 46, pp. 671-708, Hong Kong law journal, London, Eng., C1-1

journal

Security rights, the European Insolvency Regulation and concerns about the non-application of avoidance rules

A Keay

(2016), Vol. 41, pp. 72-90, European law review, London, Eng., C1-1

journal
2015

Board accountability in corporate governance

A Keay

(2015), Abingdon, Eng., A1-1

book

Enforcing breaches of directors' duties by a public body and antipodean experiences

A Keay, M Welsh

(2015), Vol. 15, pp. 255-284, Journal of corporate law studies, Abingdon, Eng., C1-1

journal

The shifting of directors' duties in the vicinity of insolvency

A Keay

(2015), Vol. 24, pp. 140-164, International insolvency review, Chichester, Eng., C1-1

journal

The framework for board accountability in corporate governance

A Keay, J Loughrey

(2015), Vol. 35, pp. 252-279, Legal Studies, Chichester, Eng., C1-1

journal

Directors negotiating and contracting in the wake of their companies' financial distress

A Keay

(2015), Vol. 1, pp. 214-230, Journal of strategic contracting and negotiation, London, Eng., C1-1

journal

Challenging payments made by insolvent and near insolvent companies

A Keay

(2015), Vol. 3, pp. 215-228, Nottingham insolvency and business law e-journal, Nottingham, Eng., C1-1

journal

Assessing the accountability of boards under the UK Corporate Governance Code

A Keay

(2015), Vol. 7, pp. 551-572, Journal of business law, London, Eng., C1-1

journal

Applications to continue derivative proceedings on behalf of companies and the hypothetical director test

A Keay

(2015), Vol. 34, pp. 346-365, Civil Justice Quarterly, London, Eng., C1-1

journal
2014

Comply or explain in corporate governance codes: in need of greater regulatory oversight?

A Keay

(2014), Vol. 34, pp. 279-304, Legal studies, Chichester, Eng., C1-1

journal

Directors' duties and creditors' interests

A Keay

(2014), Vol. 130, pp. 443-472, Law quarterly Review, London, Eng., C1-1

journal

Exploring the rationale for board accountavility in corporate governance

A Keay

(2014), Vol. 29, pp. 115-146, Australian journal of corporate law, Chatswood, N.S.W., C1-1

journal

The public enforcement of directors' duties: a normative inquiry

A Keay

(2014), Vol. 43, pp. 89-119, Common law world review, London, Eng., C1-1

journal

Wrongful trading: problems and proposals

A Keay

(2014), Vol. 65, pp. 63-79, Northern Ireland legal quarterly, Belfast, U.K., C1-1

journal

An assessment of private enforcement actions for directors breaches of duty

A Keay

(2014), Vol. 33, pp. 76-92, Civil justice quarterly, London, Eng., C1-1

journal
2013

The enlightened shareholder value principle and corporate governance

A Keay

(2013), Abingdon, Eng., A1-1

book
2012

An assessment of the present state of statutory derivative proceedings

A Keay, J Loughrey

(2012), pp. 187-228, Directors' duties and shareholder litigation in the wake of the financial crisis, Cheltenham, Eng., B1-1

chapter

Shareholder value and UK companies: a positivist inquiry

A Keay, R Adamopoulou

(2012), Vol. 13, pp. 1-29, European business organization law review, Cambridge, Eng., C1-1

journal

The authorising of directors' conflicts of interests : getting a balance?

A Keay

(2012), Vol. 12, pp. 129-162, Journal of corporate law studies, Abingdon, Eng., C1-1

journal

The duty to promote the success of the company: is it fit for purpose in a post-financial crisisworld?

A Keay

(2012), pp. 50-96, Directors' duties and shareholder litigation in the wake of the Financial Crisis, Cheltenham, Eng., B1-1

chapter
2011

An analysis of enlightened shareholder value in light of ex post opportunism and incomplete law

A Keay, H Zhang

(2011), Vol. 8, pp. 445-475, European company and financial law review, Berlin, Germany, C1-1

journal

The corporate objective

A Keay

(2011), Cheltenham, Eng., A1-1

book

Risk, shareholder pressure and short-termism in financial institutions: does enlightened shareholder value offer a panacea?

A Keay

(2011), Vol. 5, pp. 435-448, Law and financial markets review, Abingdon, Eng., C1-1

journal

Moving towards stakeholderism? Enlightened shareholder value, constituency statutes and more : much ado about little?

A Keay

(2011), Vol. 22, pp. 1-49, European business law review, Alphen aan den Rijn, The Netherlands, C1-1

journal

The duty to promote the success of the company: is it fit for purpose?

A Keay

(2011), Vol. 32, pp. 1-36, The Company Lawyer, London, Eng., C1-1

journal
2010

Shareholder primacy in corporate law: can it survive? should it survive?

A Keay

(2010), Vol. 7, pp. 369-413, European Company and Financial Law Review, Germany, C1-1

journal
2007

Company directors' responsibilities to creditors

A Keay

(2007), New York, N.Y., A1-1

book
2005

Formulating a framework for directors' duties to creditors: an entity maximisation approach

A Keay

(2005), Vol. 64, pp. 614-646, Cambridge law journal, Cambridge, Eng., C1-1

journal
1995

The avoidance of antecedent transactions in corporate liquidations: the Australian regime

A Keay

(1995), Vol. 4, pp. 139-170, International insolvency review, Chichester, Eng., C1-1

journal

Funded Projects at Deakin

No Funded Projects at Deakin found

Supervisions

No completed student supervisions to report