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7 - The role of the regulators: ASIC and ASX

from PART TWO - CORPORATE GOVERNANCE IN AUSTRALIA

Published online by Cambridge University Press:  05 June 2012

Jean Jacques du Plessis
Affiliation:
Deakin University, Victoria
Anil Hargovan
Affiliation:
University of New South Wales, Sydney
Mirko Bagaric
Affiliation:
Deakin University, Victoria
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Summary

[HIH Insurance Ltd's collapse] is a tale of scoundrels – crooks even, who jockey and grasp and concoct the most ingenious ways to pocket HIH's cash while they still can. Well-placed mates help well-placed mates … Mortgages are forgiven, bonuses awarded, dodgy invoices are fast-tracked and cheques are somehow cleared after the banks have closed. But policy-holders get nothing because that is the new policy, and shareholders might as well not exist.

The Australian, Wednesday, 15 January 2003

Directors of Australian public companies have a dual challenge in seeking to navigate their companies through the heavy seas of the global financial services. They must set strategies to deliver long-term profitable performance in a manner that responds to the difficult circumstances. And they must ensure conformance by their companies and themselves with all applicable legal and regulatory requirements. Hard economic times are enhancing the challenge to directors in both their performance and conformance roles.

Robert Austin and Aaron Rathmell, An Introduction to the Conference Theme, Directors in Troubled Times (R P Austin and A Y Bilski, eds, Ross Parsons Centre of Commercial, Corporate and Taxation Law Monograph 7, Sydney, 2009) at 22

Introduction

This chapter highlights the role and relationship between the twin regulators, the Australian Securities and Investments Commission (ASIC) and the Australian Securities Exchange (ASX) in the Australian corporate governance regime. The exercise of ASIC's powers are reviewed and enforcement patterns are commented upon.

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Publisher: Cambridge University Press
Print publication year: 2010

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