Journal article
Banning Orders: An Empirical Analysis of the Dominant Mode of Corporate Law Enforcement in Australia
J Hedges, G Gilligan, I Ramsay
Sydney Law Review | SYDNEY LAW SCH | Published : 2017
Abstract
This article is the first detailed empirical study of banning orders made under legislation administered by the Australian Securities and Investments Commission (‘ASIC’). This method of enforcement of corporate law has been little researched, yet it is arguably the dominant mode of corporate law enforcement in Australia. The article examines the prevalence of banning orders relative to other major enforcement outcomes and analyses the number and duration of bans prohibiting individuals from managing corporations, providing financial services, engaging in credit activities, and auditing self-managed super funds. The dataset — encompassing 2777 banning orders across a 29-year period — reveals ..
View full abstractRelated Projects (1)
Grants
Awarded by University of Melbourne
Funding Acknowledgements
Funding for this research was provided by the Centre for International Finance and Regulation (Grant T021) and the University of Melbourne. The authors thank Dr Malcolm Anderson for conducting statistical analysis of data on banning orders, Helen Bird for collecting and analysing data on enforceable undertakings, Katharine Kilroy for collecting data on licence and registration suspensions and cancellations, and the anonymous referees for providing helpful comments.