Volume 1 assists users in understanding the Corporations Act and how it applies in practice. Volume 2 contains the text of State and Territory Supreme Court Corporations Rules and the Takeovers Panel Procedural Rules applicable to proceedings under the Corporations Act 2001 as at 1 January 2011.
LAW OF INVESTMENTS examines the various areas of law that impact on investors and those working in industries associated with investment products. It covers Chapter 7 of the Corporations Act and the requirements associated with licensing including the legal obligations and compliance requirements of licensees and their representatives, disclosure, dispute resolution and investor protection. This edition includes discussion of the latest changes proposed to Chapter 7 and the associated regulatory guides and also recent case law.
The Australian legal and regulatory framework for securities markets exhibits a high level of compliance with the International Organization of Securities Commissions (IOSCO) Principles. A few remaining concerns need to be resolved, including some identified in the 2006 assessment. Australian Securities and Investments Commission’s (ASIC) operational independence and sufficiency of resources are overarching concerns which impair its ability to discharge its supervisory functions adequately and effectively across the entire regulated population.
The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
Volume 1 assists users in understanding the Corporations Act and how it applies in practice. Volume 2 contains the text of State and Territory Supreme Court Corporations Rules and the Takeovers Panel Procedural Rules applicable to proceedings under the Corporations Act 2001 as at 1 January 2011.
The distinction between criminal and non-criminal (civil) penalty law and procedure is significant and adds to the subtlety of regulatory law. This Report finds that the distinction should be maintained and, where necessary, reinforced.
Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
