The current debate in the United Kingdom about the appropriate regulatory response to payday lending involves the key issue of borrower vulnerability. There is compelling evidence in the UK that many payday lenders are deliberately making loans to financially vulnerable borrowers who cannot...

This article reports the findings of the first detailed empirical survey of court-based enforcement activities by the regulator of Australian corporate and financial services law, the Australian Securities and Investments Commission (ASIC), during the years 1997–99. ASIC is responsible for...

The London Interbank Offered Rate and Forex scandals have shaken public trust in the global financial system. Despite the global nature of the scandals, the role of international cooperation in preventing financial benchmark manipulation has been surprisingly overlooked. Benchmark reform has...

The Australian Sports Commission's 2015 Governance Reform in Sport Discussion Paper proposes to limit voting by members of a National Sporting Organisation to essentially the minimal set of issues required by the Corporations Act 2001 (Cth), and to further mandate the voting rule to be adopted...

Phoenix activity centres on the idea of a new company arising from the ashes of its failed predecessor. Typically, the individuals in control of the failed company transfer the business to the new company while its debts remain the responsibility of the failed company. The activity becomes...

This working paper presents the results of a detailed comparative empirical study of sanctions imposed for insider trading in Australia, Canada (Ontario), Hong Kong, Singapore, New Zealand, the United Kingdom, and the United States. Insider trading is considered to be a serious form of...

The authors focus on one of the most important statutory protections for Australian consumers in financial hardship: the right to seek a variation of a credit contract contained in s 72 of the National Credit Code. They provide a comprehensive history of this right, which has been part of...

While Australia's superannuation scheme is a fundamental part of supporting and sustaining Australia's increasingly aging and retiring population, young Australians demonstrate consistently poor knowledge of, and behaviour and attitudes towards, superannuation. This study is the first...

Under the Bankruptcy Act 1966 (CTH), there are three regulated forms of personal insolvency: bankruptcy, debt agreements, and personal insolvency agreements. Between 1990 and 2008 there was a 261% increase in the number of personal insolvencies in Australia, which far exceeded the 24% increase...

Recent years have seen a trend in many countries towards the adoption of short-form disclosure documents for the sale of financial products (ie, disclosure documents in respect of which the maximum page length is prescribed, either on a mandatory or recommended basis). This trend has been driven...