Report

Phoenix activity: recommendations on detection, disruption and enforcement

The aim of this report is to minimise the significant damage that is being done to the Australian economy by harmful phoenix activity without unduly inhibiting legitimate business rescues and beneficial entrepreneurialism.
Working paper

Sanctions imposed for insider trading in Australia, Canada (Ontario), HK, Singapore, NZ, the UK and the US: An empirical study

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 misconduct...
Working paper

An empirical analysis of the use of enforceable undertakings by the Australian Securities and Investments Commission (ASIC) between 1 July 1998 and 31 December 2015

This working paper reports the findings of a detailed empirical study of 414 enforceable undertakings accepted by the Australian Securities and Investments Commission (ASIC), the corporate, market, finance and credit services regulator from July 1998 to 31 December 2015, a period of 17.5 years. The...
Working paper

An empirical analysis of public enforcement of directors’ duties in Australia: preliminary findings

The preliminary findings presented in this paper indicate that criminal enforcement was more prevalent than civil enforcement and there was a significant emphasis on incapacitative sanctions such as prison sentences and management disqualification orders. Monetary sanctions were less frequently imposed and tended to be of...
Working paper

An analysis of penalties under ASIC administered legislation: scoping the issues

This working paper is the first published output of an eighteen month (December 2014 – June 2016) research project conducted by staff at the Melbourne Law School that examines enforcement and penalties regimes under legislation administered by the Australian Securities and Investments Commission (ASIC). During...