deterrence
ASIC’s civil penalty regime – an academic review
In the midst of a focus on the enforcement activity of ASIC following a critical Senate Committee report,[1] we have ...
Insolvent Trading and Minimal Returns to Creditors in Liquidations
This is a brief response to a well-researched and thoughtful article by Associate Professor Mark Wellard – Insolvent Trading: Director ...
ACCC’s new penalty guidelines – some queries
The ACCC has issued new penalty guidelines – Guidelines on ACCC approach to penalties in competition and consumer law matters ...
“Record penalties” imposed … against insolvent companies
While much is made of the “record penalties of $438m” penalties imposed on the Phoenix Institute and related companies for ...
Regulatory penalties
Sanctions imposed by courts for breaches of competition or regulatory laws have to tread a line between being so severe ...
The new law’s limitations in controlling phoenix misconduct
The new anti-phoenix laws, so welcomed in certain quarters, will come up against some business and personal behaviours that are ...
ASIC’s deterrence message – “no point just communicating this into the Fin Review”.
ASIC gave some useful insights before the recent Senate oversight hearing[1] on 13 September as to the reality of the ...
