ORCID Profile
0000-0002-3676-3857
Current Organisations
University of Melbourne
,
UNSW Sydney
,
Case Western Reserve University Law School
Does something not look right? The information on this page has been harvested from data sources that may not be up to date. We continue to work with information providers to improve coverage and quality. To report an issue, use the Feedback Form.
Publisher: Informa UK Limited
Date: 06-06-2019
Publisher: Informa UK Limited
Date: 02-01-2020
Publisher: Elsevier BV
Date: 2017
DOI: 10.2139/SSRN.2933946
Publisher: Informa UK Limited
Date: 26-09-2014
Publisher: Edward Elgar Publishing
Date: 25-05-2018
Publisher: SAGE Publications
Date: 19-05-2021
DOI: 10.1177/0067205X211016573
Abstract: Australian corporate law allows for significant civil penalties to be imposed by a court on negligent corporate officers, including directors. For more than a decade, Australian Securities and Investments Commission used civil prosecutions for negligence exclusively in situations where an officer is alleged to have exposed their corporation to foreseeable risk of harm that would flow from a contravention by the corporation of a regulatory or disclosure obligation. This enforcement strategy—known as ‘stepping-stones’—has been strongly criticised, including by Rares J in his 2020 dissenting opinion in the Cassimatis appeal. This article explains how stepping-stones works as an enforcement strategy in the context of corporate compliance failures, explores the various criticisms of it, and argues for reform. It proposes a legislative alternative that rebalances in idual officer liability, to reflect contemporary governance practices and encourage better management and oversight of non-financial risk in corporations.
Publisher: Elsevier BV
Date: 2018
DOI: 10.2139/SSRN.3434936
Publisher: IMPERIAL COLLEGE PRESS
Date: 12-2007
Publisher: Routledge
Date: 19-05-2009
Publisher: Informa UK Limited
Date: 03-07-2017
Publisher: Wiley
Date: 06-2008
Publisher: Informa UK Limited
Date: 02-07-2016
Publisher: Edward Elgar Publishing
Date: 26-10-2018
Publisher: Informa UK Limited
Date: 03-07-2017
Location: United States of America
No related grants have been discovered for Pamela Hanrahan.