Enforcing good company behaviours and punishing corporate wrongdoings using laws designed to assess the intentions of individuals is fraught because corporate entities do not have minds. ‘Systems Intentionality’ seeks to offer a new, and workable, way to assess the intentions of a corporation.

Indigenous organisations in Australia are regulated by state governments through well-understood and institutionally embedded mechanisms of corporate governance. This research aims to better understand the factors that contribute to Indigenous corporation success ‘beyond compliance’.

This options paper outlines the ways the UK Government can improve the law to ensure that corporations are effectively held to account for committing serious crimes.

This paper asserts that Australia has inadequate corporate regulatory systems. This enables people who have been involved in corruption and other illegal activities to register companies in Australia.

This research recognises that changes in the energy systems to reduce climate risks cannot be achieved by government policy alone. The private sector and corporations, especially large corporate emitters, have an important role to play.

In this report, the Parliamentary Joint Committee on Corporations and Financial Services concurs with the findings of numerous previous reviews: namely, that class actions, when working as originally intended, should facilitate access to justice, discourage wrongdoing, and promote the efficient and effective use of court...

This is the first study to comprehensively examine the frequency, nature and context of offending by Australian corporations. While similar studies have been conducted in other countries, particularly the United States, the extent to which Australian corporations offend—and whether they do so across multiple regulatory...

This paper seeks to provide background information about the OECD’s attempts to provide countries with a greater share of tax from multinationals that have a significant economic presence, but a limited, or no, physical presence in that country (broadly known as the Pillar One proposal).

Reflecting on the impact of the COVID-19 pandemic on board practices and processes, the insights in this report have been drawn from interviews and roundtables with directors and company secretaries, as well as a survey of Australian Institute of Company Directors members.

A century after the one-time attorney-general’s legislation was shot down by the Privy Council, Australia’s new criminal cartel law is up and running.

The objective of the audit was to assess the effectiveness of the Phoenix Taskforce to combat illegal phoenix activities.

This paper sets out the size and nature of Australia’s red tape problem and describes the opportunities available to policymakers to boost economic growth without further calls on the Australian taxpayer.

Market Forces’ latest research has found that 82 of Australia’s 100 largest superannuation funds disclose inadequate or no tangible evidence that they have considered the impact of climate risk on their investment portfolios.

This guide provides detailed insights for the in-house profession, and includes case studies of pro bono legal services provided by some of Australia’s top organisations and guidance on how to create an effective in-house pro bono program.

On 25 November 2015, the Senate referred the matter of inconsistencies and inadequacies of current criminal, civil and administrative penalties for corporate and financial misconduct or white-collar crime to the Economics References Committee for inquiry and report. The terms of reference were as follows: (a)...

This paper reflects on legislative measures that address human rights issues in global supply chains and argues that the Australian government and companies should learn from measures taken in other jurisdictions in the face of urgent human rights abuses.

The Australian Government commissioned an independent review to consider the capabilities of the Australian Securities and Investments Commission (ASIC). The review is a forward-looking, whole-of-agency exercise that assesses ASIC’s ability to meet its current and future objectives and challenges. It is not a performance review...

The paper follows Working Paper’s scoping of penalties under ASIC administered legislation by discussing enforcement under the Corporations Act through the lens of a study of court-based enforcement by ASIC of financial services misconduct.

Designed to help franchisors to understand their rights and responsibilities under the new Franchising Code of Conduct, which commences on 1 January 2015. Introduction The Franchising Code of Conduct is a mandatory industry code that applies to all of the parties to a franchise agreement...

This report underlines the critical importance of ensuring that Australia has a robust corporate regulatory system under the stewardship of a strong and effective regulator.