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Public and Private Enforcement of Securities Laws: The Regulator and the Class Action in Australia’s Continuous Disclosure Regime


ISBN13: 9781509941513
To be Published: February 2022
Publisher: Hart Publishing
Country of Publication: Australia
Format: Hardback
Price: £85.00



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.

Subjects:
Other Jurisdictions , Australia
Contents:
1. Introduction
2. Background
3. Analytical Framework
4. Case Studies
5. Application of the Analytical Framework to the Case Studies
6. Effectiveness and Co-existence of Regulatory Enforcement and Class Actions
7. Public and Private Enforcement Recalibrated
8. Co-ordination of Public and Private Enforcement

Series: Civil Justice Systems

Regulatory Delivery ISBN 9781509918584
Published October 2019
Hart Publishing
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Regulatory Delivery (eBook) ISBN 9781509918607
Published October 2019
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Delivering Collective Redress: New Technologies ISBN 9781509918546
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Redress Schemes for Personal Injuries ISBN 9781509916610
Published November 2017
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£85.00
Redress Schemes for Personal Injuries (eBook) ISBN 9781509916634
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Hart Publishing
£76.50
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Consumer ADR in Europe (eBook) ISBN 9781847319425
Published May 2012
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£81.00
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Consumer ADR in Europe ISBN 9781849463485
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£90.00
£110.00