Corporation law


Governance through a crisis: lessons from COVID-19

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.

The revenge of Billy Hughes

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.

Addressing illegal phoenix activity

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

Barriers to prosperity: Red tape and the regulatory state in Australia

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.

Risky Business: The majority of Australia’s largest super funds disclose no consideration of climate risk

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.

Pro bono legal work: a guide for in-house corporate lawyers

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.

‘Lifting the fear and suppressing the greed’: penalties for white-collar crime and corporate and financial misconduct in Australia

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)...

Human rights in the supply chains of Australian businesses: opportunities for legislative reform

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.
Working paper

Financial services misconduct and the corporations act 2001

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.
Audio interview

Corporate cop gets funding boost

After facing criticism for years for being asleep at the wheel, the corporate watchdog ASIC is now entering a new era of corporate crime fighting, with the federal government restoring $127 million to its budget and increasing its powers to catch white collar criminals. Under...