The issues of corporate misconduct, its effects and how regulators and other law enforcement actors respond to such behaviour are increasingly contentious in Australia and overseas. In the wake of a succession of scandals in recent years in Australia's financial sector there has been much debate...

The U.S. Securities and Exchange Commission (SEC) often describes enforcement as its number one priority – however, limited empirical work has been undertaken studying SEC enforcement. This article presents the results of an empirical study of sanctions imposed for insider trading and market...

This article examines the main challenges for achieving regulatory convergence and coordination for depositor preference rules and explicit deposit insurance schemes at the regional level in Asia. The increasing regionalisation and integration of banking activities in Asia, as reflected in...

The Australian Banking Industry Ombudsman (ABIO) was the first external dispute resolution (EDR) scheme set up and funded by industry members at a national level in Australia. It came into operation in 1990. The ABIO was a significant first step in the development of EDR schemes to resolve...

Creditors—particularly unsecured creditors—are vulnerable when a company becomes insolvent. A number of mechanisms have evolved to protect unsecured creditors, one of which is the duty of directors to consider (or act in) the interests of creditors when the company approaches insolvency, now...

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,...

Has the introduction of the civil penalty regime into Australian corporate law increased the speed and success rate of directors' duties cases? This question has been the subject of much commentary but, surprisingly, no empirical research. A number of commentators argue that the civil penalty...

This article examines the deployment of enforceable undertakings by the Australian Securities and Investments Commission (ASIC). Enforceable undertakings are formal settlement agreements between a regulator and regulated parties to resolve issues of non-compliance with laws administered by the...

The Financial Ombudsman Service (FOS) was established in 2008 to resolve disputes between Australian consumers and financial service providers. This article outlines the role of FOS in resolving disputes under the statutory protections for Australians in financial hardship. This article also...