Stepping through the stages of a corporate criminal prosecution

IAN BOLSTER and STEPHEN SPEIRS provide a timely examination of the procedural steps involved in a white collar criminal prosecution.Snapshot The recent judgment in Commonwealth…

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ACCC gains momentum in its push for higher consumer law penalties

Recent cases provide insights in the ACCC’s push for higher consumer law penalties. By MICHAEL MILNESSnapshot The ACCC is pushing for higher penalties in consumer…

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Financial services providers under pressure to act ‘efficiently, honestly and fairly’

In the wake of the Banking Royal Commission, BRENDAN MAY revisits the obligation on Australian Financial Services Licensees to provide services in an efficient, honest…

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Time to play fair: franchising industry faces growing scrutiny

Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNESSnapshot During 2018, the ACCC stepped up investigation and enforcement activity…

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Tougher laws and more resources signal a new era in ASIC enforcement

In response to the Royal Commission, tougher laws and more resources signal a new era in ASIC enforcement. By LIAM CAVILLSnapshot The Banking Royal Commission…

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Dispossessed business owners see a narrowing of just compensation

A recent decision has narrowed the scope of compensation for many resumed businesses, notwithstanding a clear statutory obligation to ‘justly compensate’ them. By ANDREW BEATTY…

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Why not litigate? ASIC enforcement after the Banking Royal Commission

The Royal Commission recommended whenever ASIC is considering a contravention it must start with the question ‘Why not litigate?’ MICHAEL LEGG and STEPHEN SPEIRS explore…

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Not just a few bad apples: why APRA should have done more

Scott Donald PhD CFA examines the Banking Royal Commission’s report about APRA’s failings as regulator and the Commissioner’s recommendations for change.Snapshot While the final report of…

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Haynesplaining: lessons for litigators from the Banking Royal Commission

In the Banking Royal Commission report, Commissioner Hayne discusses ASIC’s role and how litigation is to be used in relation to enforcement. By MICHAEL LEGG.Snapshot…

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Regulators’ investigatory powers and the Harman obligation not to disclose

A recent High Court decision clarifies the Commissioner of Taxation’s power to require the production of documents, and the later use of those items. By…

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