Australian Academy of Law/NSW Bar Association Event - Regulatory Enforcement of Directors’ Obligations

On 22 February 2021, CLARS’ Director, Professor Jennifer Hill, was a speaker at a major event, hosted by the Australian Academy of Law in association with the New South Wales Bar Association, on the topic, “Regulatory Enforcement of Directors’ Obligations”.

The other speakers at the event, which was chaired by John Sheahan QC, were The Hon. Justice Robert Bromwich (Federal Court of Australia); The Hon Justice David Jackson (Supreme Court of Queensland); and Dr Ruth Higgins SC (Barrister, Sydney).

The Panel discussed a range of issues;

  • issues in trials where corporate and individual respondents are sued;
  • the privilege against self-incrimination;
  • reducing the overlap between proceedings for criminal offences and for civil penalties;
  • the forensic and ethical aspects of the constitution of proceedings;
  • and the international context.

Details and some papers from the conference are available on the Australian Academy of Law’s website here.

Professor Hill’s video address on international issues involving regulatory enforcement of directors’ obligations can be viewed here.

Post on ASIC's New Immunity Policy

Jennifer has also recently co-written (with Dr Olivia Dixon) a Post for NYU’s Compliance & Enforcement Blog dealing with ASIC’s new immunity policy for market misconduct. This regulatory Post can be viewed here.

In this Post for the New York University (NYU) Compliance & Enforcement Blog, Professor Jennifer Hill, who is Director of CLARS, and Dr Olivia Dixon, The University of Sydney Law School, discuss the background and regulatory implications of ASIC’s new immunity policy for market misconduct offences under Part 7.10 of the Australian Corporations Act 2001. As their Post notes, ASIC’s new policy, which was introduced in February 2021, draws on lessons learned under the ACCC’s successful immunity and cooperation policy for cartel conduct. The Post examines the scope and incentives under ASIC’s new immunity policy, as well as its implications for enforcement and for whistleblowing.