The Law Of Insider Trading In Australia

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The Law of Insider Trading in Australia

Author : Gregory Lyon
Publisher : Federation Press
ISBN 13 : 9781862875630
Total Pages : 244 pages
Book Rating : 4.8/5 (756 download)

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Book Synopsis The Law of Insider Trading in Australia by : Gregory Lyon

Download or read book The Law of Insider Trading in Australia written by Gregory Lyon and published by Federation Press. This book was released on 2005 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed and practical analysis of Australian Insider Trading Laws. Written jointly by Gregory Lyon of the Melbourne Bar and Professor du Plessis of Deakin University, the work: Examines all fundamental concepts relating to insider trading such as 'who is an insider', 'what is inside information' and 'when is information generally available', together with commentaries on proposed changes to the laws and an examination of the impact of the most recent decisions, including Hannes, and Rivkin; Provides a very detailed examination of the defences and exceptions, with particular attention to the operation of Chinese Walls; Analyses fully and systematically the provisions on insider trading in the Corporations Act and the Criminal Code (Cth) within the context of decided cases and relevant secondary materials; Covers comprehensively the penalties and remedies for contravention of the insider trading regime. This includes the intricate civil compensation provisions, and an up-to-date analysis of the civil penalties regime in light of ASIC v Petsas; Discusses the operation and effectiveness of continuous disclosure as a means of preventing insider trading.

The Law of Insider Trading in Australia

Author : Reid Mortensen
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.:/5 (468 download)

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Book Synopsis The Law of Insider Trading in Australia by : Reid Mortensen

Download or read book The Law of Insider Trading in Australia written by Reid Mortensen and published by . This book was released on 1985 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union

Author : Elise Verdonck
Publisher : GRIN Verlag
ISBN 13 : 3656933154
Total Pages : 60 pages
Book Rating : 4.6/5 (569 download)

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Book Synopsis A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union by : Elise Verdonck

Download or read book A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union written by Elise Verdonck and published by GRIN Verlag. This book was released on 2015-03-31 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2014 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: A-, University of Auckland, course: Corporate Governance, language: English, abstract: Since the financial crisis in 2008 there is no doubt about the fact that the evolving financial markets are essential for economic growth, employment and prosperity. Those markets serve as financing means for the business world and consumers benefit from the availability of a wide range of financial products and the additional advantages that those markets entail (higher pensions and lower mortgage costs). However, if those financial markets want to continue to contribute both to economy and society, the promotion of a good, integer and transparent functioning of those markets is essential. The proper functioning of the financial markets is largely dependent on the confidence of investors in those markets. The fact that investors ‘must be placed on an equal footing’ is the underlying principle on which this confidence is based. Market participants must be assured to always have access to a minimum set of information before making their investment decisions. In this context, transparency plays an important role. The price of a financial instrument is always the result of the available financial information. And to have proper price formation, it is essential that all the stakeholders have equal access to the relevant information as much as possible. A lot of regulations have already been introduced in this area. Yet, the effectiveness of those regulations can be questioned. For example, directors can make use of certain non-public information to trade in securities. They abuse their superior knowledge and consequently other investors regard this as unfair trading. Due to those unfair practices, other potential investors will turn their back to the financial markets. Insider trading is likely to undermine the investors’ confidence in the market and may jeopardise the proper functioning of the market. Therefore insider trading should be prohibited. But in most cases, law enforcement authorities face difficulties in proving the offenses. Hence, insider trading is a social evil and remains difficult to combat. This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU.This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU. In the end, it will be clear that the fundamental differences between the three jurisdictions remain off.

The Criminal Liability of Corporations for Insider Trading in Australia

Author : Juliette Ruth Overland
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (144 download)

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Book Synopsis The Criminal Liability of Corporations for Insider Trading in Australia by : Juliette Ruth Overland

Download or read book The Criminal Liability of Corporations for Insider Trading in Australia written by Juliette Ruth Overland and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of insider trading - the act of trading in securities or other financial products while in possession of relevant non-public, price-sensitive information - is a controversial and complex area of corporate law. Although there has been a marked increase in the number of individual offenders convicted of insider trading in recent years, there has never been a successful criminal prosecution of a corporation for insider trading in Australia, or even a successful set of civil penalty proceedings. This thesis will focus on corporate criminal liability for insider trading in Australia - a topic of great theoretical and practical significance. Corporations are subject to the prohibition of insider trading under Australian law, yet the absence of any successful prosecution, and the dearth of cases concerning corporate defendants, means the law is untested on many relevant issues, complicated by conflicting views as to the proper application of insider trading laws to corporations. The purpose of this thesis is threefold: (i) to determine the manner in which insider trading laws apply to corporations in Australia; (ii) to critically examine the application of those insider trading laws and identify any associated difficulties or flaws; and (iii) to set out proposals for reform and a new model of corporate criminal liability for insider trading in Australia. This thesis will demonstrate that there are a number of specific problems which can be identified in the application of the elements of the insider trading offence to corporations. In particular, there are many mechanisms, existing under both the general law and statute, which can be used to attribute the elements of the insider trading offence to corporations, although there is a lack of clarity as to their availability and application. These different mechanisms also apply a variety of tests, many of which are conflicting, making it difficult to determine when a corporation will actually be regarded as engaging in insider trading. The Chinese Wall defence for corporations also contains a number of gaps in its operation, creating additional uncertainty. This thesis critically analyses corporate criminal liability for insider trading in Australia. Having regard to the need for legislative certainty and the 'market integrity' rationale underpinning Australia's insider trading laws, this thesis recommends reforms to the existing regulatory regime in order to remedy the identified problems and to better apply the law to corporations. Accordingly, a new model of direct corporate criminal liability for insider trading in Australia is proposed.

Insider Trading Legislation for Australia

Author : Philip Anisman
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Insider Trading Legislation for Australia by : Philip Anisman

Download or read book Insider Trading Legislation for Australia written by Philip Anisman and published by . This book was released on 1986 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Insider Trading

Author : Stephen M. Bainbridge
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931857
Total Pages : 498 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Research Handbook on Insider Trading by : Stephen M. Bainbridge

Download or read book Research Handbook on Insider Trading written by Stephen M. Bainbridge and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: In most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics. The Handbook begins with a section devoted to legal issues surrounding the USÕs ban on insider trading, which is one of the oldest and most energetically enforced in the world. Using this section as a foundation, contributors go on to discuss several specific court cases as well as important developments in empirical research on the subject. The Handbook concludes with a section devoted to international perspectives, providing insight into insider trading laws in China, Japan, Australia, New Zealand, the United Kingdom and the European Union. This timely and comprehensive volume will appeal to students and professors of law and economics, as well as scholars, researchers and practitioners with an interest in insider trading.

Corporate Liability for Insider Trading

Author : Juliette Overland
Publisher : Routledge
ISBN 13 : 1351579436
Total Pages : 207 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Corporate Liability for Insider Trading by : Juliette Overland

Download or read book Corporate Liability for Insider Trading written by Juliette Overland and published by Routledge. This book was released on 2019-03-05 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation – security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest – are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime

Fair Shares for All

Author : Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Fair Shares for All by : Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs

Download or read book Fair Shares for All written by Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs and published by . This book was released on 1989 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Insider trading has become a matter of increasing concern within the securities industry and among the wider community in the last few years. With the October 1987 share market crash still in our minds, the need to promote investor confidence in the securities markets has seen greater attention focussed on the extent and effects of practices such as insider trading. This report presents the findings of an inquiry by the House of Representatives Standing Committee on Legal and Constitutional Affairs into the adequacy of the existing legislative and administrative controls over insider trading." -- from the Foreword.

Fair Shares for All

Author : Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs
Publisher :
ISBN 13 : 9788371571350
Total Pages : 66 pages
Book Rating : 4.5/5 (713 download)

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Book Synopsis Fair Shares for All by : Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs

Download or read book Fair Shares for All written by Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs and published by . This book was released on 1989 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Insider trading has become a matter of increasing concern within the securities industry and among the wider community in the last few years. With the October 1987 share market crash still in our minds, the need to promote investor confidence in the securities markets has seen greater attention focussed on the extent and effects of practices such as insider trading. This report presents the findings of an inquiry by the House of Representatives Standing Committee on Legal and Constitutional Affairs into the adequacy of the existing legislative and administrative controls over insider trading." -- from the Foreword.

Managed Investments and Insider Trading

Author : Charles Zhen Qu
Publisher :
ISBN 13 : 9780975783986
Total Pages : 214 pages
Book Rating : 4.7/5 (839 download)

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Book Synopsis Managed Investments and Insider Trading by : Charles Zhen Qu

Download or read book Managed Investments and Insider Trading written by Charles Zhen Qu and published by . This book was released on 2008 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managed investment insiders have more opportunities to take advantage of inside information than ordinary corporate insiders and their insider trading activities can be very harmful. Surprisingly, little study has been done on insider trading in the managed investment context. This book studies one aspect of the law of insider trading in the context of managed investments, namely, the availability of causes of actions and attainability of civil remedies to claimants against insider dealers within Australia's unit trust managed investment industry. This book provides a succinct overview of Australia's managed investment and insider trading regulatory framework and details arguments on the efficacy of Australia's statutory insider trading regime. It also debates on the extent to which remedies against insider dealers may be obtained in general law.--Publisher's website.

Insider Trading

Author : New Zealand. Securities Commission
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Insider Trading by : New Zealand. Securities Commission

Download or read book Insider Trading written by New Zealand. Securities Commission and published by . This book was released on 1987 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Casino Capitalism?

Author : Roman Tomasic
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Casino Capitalism? by : Roman Tomasic

Download or read book Casino Capitalism? written by Roman Tomasic and published by . This book was released on 1991 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides insights into insider trading and examines the findings of the Griffiths Committee of 1989 and the federal government's new insider trading legislation. Case law is discussed and comparisons are drawn with the securities industry and securities legislation in the UK and the USA. Includes a bibliography and an index. One of the TAustralian Studies in Law, Crime and Justice' series.

Insider Trading Report

Author : Corporations & Markets Advisory Committee
Publisher :
ISBN 13 : 9780975135228
Total Pages : 64 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Insider Trading Report by : Corporations & Markets Advisory Committee

Download or read book Insider Trading Report written by Corporations & Markets Advisory Committee and published by . This book was released on 2003 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia has one of the broadest prohibitions of insider trading in financial products in the world. The Advisory Committee has reviewed the insider trading provisions in the light of experience since their current structure was formulated in 1991. The Committee has identified a number of respects in which those laws could be strengthened and clarified in order to better achieve their objective. The Committee has also identified potentially serious problems that stem from the marked expansion in 2002 of the markets and products to which the insider trading prohibition applies, and puts forward proposals to tailor the prohibition better to the circumstances of those markets.

An Examination of Australia's Insider Trading Laws

Author : Gregory Lyon
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (144 download)

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Book Synopsis An Examination of Australia's Insider Trading Laws by : Gregory Lyon

Download or read book An Examination of Australia's Insider Trading Laws written by Gregory Lyon and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Horizons in the Regulation of Insider Trading in Australia and the Commonwealth

Author : William A. Sullivan
Publisher :
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.:/5 (226 download)

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Book Synopsis New Horizons in the Regulation of Insider Trading in Australia and the Commonwealth by : William A. Sullivan

Download or read book New Horizons in the Regulation of Insider Trading in Australia and the Commonwealth written by William A. Sullivan and published by . This book was released on 1982 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Securities Markets

Author : Hui Huang
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125574
Total Pages : 382 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Securities Markets by : Hui Huang

Download or read book International Securities Markets written by Hui Huang and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first detailed analysis of Chinaands insider trading law, explaining what constitutes insider trading in China and what the consequences of unlawful insider trading might be there. More importantly, it suggests ways in which the law might more effectively prevent the occurrence of insider trading in the first place. Among the elements of the legal framework addressed by the author are the following: and Who benefits from insider trading and The issue of when information becomes public and A comparative law treatment of the underlying theories of insider trading liability and Private civil liability and Damage caps and Measures of recovery The authorands approach focuses on Chinaands readiness to adopt foreign ideas without adequately assimilating them into the local context. In this connection, he sets out valuable reform proposals, using authority from field interviews with Chinese stakeholders as well as from comparative case law.

International Insider Dealing

Author : Mark Stamp
Publisher :
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Insider Dealing by : Mark Stamp

Download or read book International Insider Dealing written by Mark Stamp and published by . This book was released on 1996 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers practical guidance on the regulation of insider dealing in major jurisdictions. It provides an analsis of, and offers guidance on, the relevant statutory requirements and also includes worked examples to give solutions in problem areas.