deterrence
Jailing for criminal bankruptcy conduct – in 2011
Both AFSA and the Australian Federal Police have issued ‘media releases’ about the sentencing of a lawyer to jail for ...
Former liquidator – $2.5m – 4/2 years jail
The long awaited, and long, sentencing decision of 13 December 2024 in respect of former liquidator Peter Amos has now ...
The new law’s limitations in controlling phoenix misconduct
I wrote the following commentary in February 2020, on the then proposed new anti-phoenix law, to assist the Department of ...
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 ...
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 ...