The complexity surrounding criminal liability of corporations needs to be clarified with reforms, say UNSW Law observers.
There are five key areas where the imminent financial services royal commission final report can propose change to protect consumers from the abuses endemic in these industries.
ASIC is under pressure to take every significant case to court. But that would delay justice and break its budget.
Effectiveness of Enforceable Undertakings in the financial services industry has been studied for the first time.
Leading corporate law scholar Professor Dimity Kingsford Smith becomes the inaugural MinterEllison Chair in Risk and Regulation to lead debate on topics including the fair delivery of financial services.
UNSW Centre for Law Markets and Regulation response to Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
Even as a long-time observer of financial markets, Dimity Kingsford Smith is surprised at what the banks are up to, writes Saffron Howden.
It seems ASIC and the Director of Public Prosecutions will have no lack of evidence to pursue civil penalties and criminal cases. The bigger issue is what charges to go with.
Banks and financial providers know how to take advantage of consumers' inability to make good decisions about financial products, writes Dimity Kingsford Smith.