Public and Private Enforcement of Securities Laws : The Regulator and the Class Action in Australia’s Continuous Disclosure Regime Paperback / softback
by Professor Michael (University of New South Wales, Australia) Legg
Part of the Civil Justice Systems series
Paperback / softback
Description
This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation.
Historically, enforcement was the province of a government regulator with significant discretion (public enforcement).
However, more and more citizens are being expected to take action themselves (private enforcement).
Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission.
The ramifications of overlapping enforcement are explained based on detailed analysis.
The analysis is further bolstered by the regulator’s approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions.
The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.
Information
-
Only a few left - usually despatched within 24 hours
- Format:Paperback / softback
- Pages:336 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:15/06/2023
- Category:
- ISBN:9781509956784
Information
-
Only a few left - usually despatched within 24 hours
- Format:Paperback / softback
- Pages:336 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:15/06/2023
- Category:
- ISBN:9781509956784
