Professor John Stumbles


Profile

Degrees

BA LLB (Hons) Sydney LLM Penn


Courses Taught

  • Personal Property Securities
  • Key Concepts in Finance Law
  • Insolvency Law
  • Corporate Insolvency Law
  • Equity


Areas of Interest

  • Personal Property Securities Act
  • Insolvent Trusts: the impact of insolvency law on insolvent trustees and insolvent trust funds
  • The Hague Convention on the Law Applicable to Certain Rights in respect of Securities held with an Intermediary
  • The UNIDROIT Convention regulating dealings in securities held by intermediaries


Brief Biographical Detail

John Stumbles is a Professor of Finance Law and was previously a Professor of Law at University of Technology, Sydney. Prior to that he was a banking and finance partner at the law firm Mallesons Stephen Jaques where he still remains a consultant.

He has expertise in regulation of banking services, payment systems and derivatives and in the law of insolvency, set-off and netting. He has written and lectured on matters relating to banking and finance and insolvency law.

His expertise in payment systems and insolvency was drawn upon by the Australian Government and Reserve Bank in connection with the introduction into Australia of legislation relating to netting and real time gross settlement. In recent years, his dual expertise in banking and insolvency law has been drawn upon by banks in structuring work outs for distressed corporate borrowers. More recently, he has been involved in consultations with the Australian Government concerning new law regulating security over personal property and as now seen in the new Personal Property Securities Act 2009.

Publications

Book Chapters | Articles | Other Published Work | Unpublished Work

Book Chapters

  • Stumbles, J, ‘Some Hidden Aspects of Workouts’ in G Weaver, C Craigie, G Burton SC, P Weaver, A Tyree & G Breen, The Law Relating to Banker and Customer in Australia (3th edition), (2008 updates) Art 8.6, 10351-10369 (based on paper given at the 2008 Banking and Financial Services Law Association conference and dealing with the impact of credit default swaps)
  • Stumbles, J, ‘General Considerations in Taking Security’ in Mallesons Stephen Jaques lawyers, Australian Finance Law (1st Edition), Lawbook Co.: Australia (1988) (modified and updated in 6 subsequent editions, 6th edition published in 2008)
  • Stumbles, J, ‘Regulation of Custodians in Australia’ in Custodial Services in Asia, ISI Publications (1998)
  • Stumbles, J, ‘Corporate Benefit and the Guarantee’ in G Burton (ed), Directions in Finance Law, Butterworths: Sydney (1990)

Articles

  • Stumbles, J, 'Personal Property Security Law in Australia and Canada: a Comparison' (2011) 51(3) Canadian Business Law Journal 425-446
  • Stumbles, J, 'The PPSA: The Extended Reach of the Definition of the PPSA Security Interest' (2011) 34(2) University of New South Wales Law Journal 448-471
  • Stumbles, J, ‘Creditors Have a New Reason to Worry’ (2007) Australian Financial Review (opinion piece on High Court decision in Gwalia)
  • Stumbles, J, ‘Members as Creditors: Sons of Gwalia Limited: Federal Court Appeal Unsuccessful’ (2006) 25(1) Australian Resources and Energy Law Journal 90-96
  • Stumbles, J, ‘New Australian Netting Law Bolsters Financial System’ (with Edward Kerr) (August 1998) International Financial Law Review

Other Published Work

  • Stumbles, J, ‘Should Australia adopt an insolvency procedure based on Chapter 11 of the US Bankruptcy Code’, Global Insolvency and Restructuring Year Book 2004/05, Research & Market: Dublin (2004)
  • Stumbles, J, ‘Insolvency and Reorganisation in Australia’ in Euromoney UMA Guide to Insolvency and Reorganisation (1998)

Unpublished Work

  • Stumbles, J, 'Financing Transactions and the Relentless Intrusion of Statutory Regulation' paper presented at 28th Banking and Financial Services Law Conference, New Zealand, 5-6 August 2011
  • Stumbles, J ‘Superannuation Trustees and Secured Transactions’ paper presented as the Libby Slater Plenary Session at the Law Council of Australia’s Superannuation Committee’s Conference -2011: Super- A Paradise Lost?, Surfers Paradise, 17 February 2011
  • Stumbles, J, ‘Bank Syndicates: Difficult Questions in Workouts’ paper presented at conference of insolvency practitioners sponsored by Accountants Korda Mentha and others, 2005
  • Stumbles, J, ‘Contractual Workouts - Issues for Creditors’ paper presented at Corporate Turnaround and Insolvency Congress 2005
  • Stumbles, J, ‘Commercial Lending and Conveyancing Act’ paper presented at conference sponsored by the Commercial Law Association, 2004
  • Stumbles, J, ‘Workouts’ paper presented at Banking and Financial Services Law Association Conference, Queenstown, NZ, 2003
  • Stumbles, J, ‘Liquidations, Workouts and Restructurings in Australia’ paper presented at the Infrastructure Conference, Manila, November 1999
  • Stumbles, J, ‘Reorganisations and Restructurings in Australia’ paper delivered at National Institute on Multi-National Commercial Insolvency, New York, 1997
  • Stumbles, J, ‘Securities Lending in CHESS’ paper presented to the Securities Lending Association, 1995
  • Stumbles, J, ‘Foreign and Multi-National Business Insolvency in Australia’ paper delivered at the Third National Institute on Multi-National Commercial Insolvency in Toronto, Canada, 1993
  • Stumbles, J, ‘Lending Practices after the Linter Decision’ paper presented at a seminar in Perth ,1992
  • Stumbles, J, ‘A Review of the New Preference Provisions in the Corporate Law Reform Bill’ paper presented in Adelaide, 1992
  • Stumbles, J, ‘An Introduction to Insolvency Administrations’ paper presented to Legal Department National Australia Bank, 1991
  • Stumbles, J, ‘Legal Considerations in Drafting All Moneys Clauses’ paper presented to Legal Department National Australia Bank, 1989
  • Stumbles, J, ‘Some Considerations in Enforcement’ paper presented to Legal Department National Australia Bank, 1989
  • Stumbles, J, ‘The Doctrine of Ultra Vires: Its Current Status and Suggestions for Reform’ (paper presented at the Law Council of Australia seminars series, 1989
  • Stumbles, J, ‘Letters of Comfort’ paper presented to the Commercial Law Association,1988
  • Stumbles, J, ‘Negative Pledges and Subordination: A consideration of some of the Grey Areas’ paper presented at a Banking Law Seminar, 1987