This article is the first detailed empirical study of banning orders made under legislation administered by the Australian Securities and Investments Commission (ASIC). This method of enforcement of corporate law has been little researched, yet it is arguably the dominant mode of corporate law...

Market manipulation, generally considered to be a serious form of misconduct, has been a significant focus of regulators, the media and others in Australia and internationally, with widespread allegations of market manipulation, not just relating to securities, but in relation to interest rates,...

The Australian Securities and Investments Commission (ASIC) regards continuous disclosure by listed companies as “fundamental to market integrity” and “a central tenet of fair and efficient financial markets”. Given the importance placed upon the continuous disclosure laws, there is,...

This article presents the results of a detailed comparative empirical study of sanctions imposed for insider trading in Australia, Canada (Ontario), Hong Kong, Singapore, the United Kingdom, and the United States. The comparative study is based on a dataset of a significant size, scope and...

Increased attention is being given to the enforcement of insider trading laws. In this paper the authors present the results of an empirical study of the enforcement of Australian insider trading laws since the first enforcement case in 1973. The issues examined by the authors include (a) the...

This paper presents the preliminary findings of an empirical analysis of sanctions imposed in proceedings brought by Australian Securities and Investments Commission (ASIC) and the Commonwealth Director of Public Prosecutions (CDPP) for contraventions of the directors' duties provisions of the...

This article discusses a trend towards increased empiricism in enforcement reporting by financial regulators that emphasises greater use of numerical indicators. The article examines how the Australian Securities and Investments Commission (ASIC), the UK Financial Conduct Authority (FCA) and the...

This article reports the results of a study of compliance programs introduced or amended in response to enforcement by the Australian Securities and Investments Commission (ASIC), whether required by court order or as part of an enforceable undertaking (EU). Most of the compliance programs...

The Australian Securities and Investments Commission (ASIC) has emphasised the importance of its enforcement role in relation to auditors and liquidators. However, there is little detailed analysis of what enforcement action ASIC has undertaken against auditors and liquidators. Using several...

Negotiation is one of the key strategies that regulators in Australia and other jurisdictions adopt as they apply their available resources to meet their regulatory responsibilities and enforce the laws for which they are responsible. However, the extent, prominence and intensity that regulators...