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CORPORATE LAW and SECURITIES REGULATION

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2008 - Media commentary on current issues

Commonwealth Bank capital raising results in questions about the Bank’s disclosure of loan impairments

  1. “CBA blames broker as it bungles $2b bid for capital”, The Canberra Times, 18 December 2008, page 1, interview with Professor Ian Ramsay
  2. “Behaviour goes close to the edge”, The Australian Financial Review, 18 December 2008, page 46, interview with Professor Ian Ramsay
  3. ABC News Radio, The Drive Program, 17 December 2008, interview with Professor Ian Ramsay
  4. ABC Radio National, The PM Program, 17 December 2008, interview with Professor Ian Ramsay

Investors sue Citigroup broking subsidiary for trading losses

  1. “Investors sue Citigroup subsidiary over market losses”, The Age, Business section, 13 December 2008, page 3, interview with Professor Ian Ramsay

ASX study of directors trading during blackout periods

  1. “Blackout trading rises as policies breached: ASX”, The West Australian, 12 December 2008, page 45, interview with Professor Ian Ramsay

International moves for improved financial markets regulation

  1. “Short-selling rules create problems and critics”, The Age, Business section, 26 November 2008, page 2, interview with Professor Ian Ramsay

ACCC publishes new merger guidelines

  1. “ACCC reveals thinking on mergers”, The Herald Sun, 22 November 2008, page 95, interview with Professor Ian Ramsay

ASIC lifts ban on short selling of non-financial securities

  1. ABC Radio National, The 8am News Program, 19 September 2008, interview with Professor Ian Ramsay; also ABC Radio 774 (Melbourne), the 7am and 7.45am News Programs, 19 September 2008; ABC Radio 666 (Canberra), the 6am, 7am and 7.45am News Programs, 19 September 2008; ABC Radio 612 (Brisbane), the 6am, 7am and 7.45am News Programs, 19 September 2008; ABC Radio 891 (Adelaide), the 7am News Program, 19 September 2008; ABC Radio 720 (Perth), the 6.30am News Program, 19 September 2008; ABC Radio 936 (Hobart), the 7.45am News Program, 19 September 2008

Meeting of the G20 leaders to discuss the global financial crisis

  1. “20 leaders walk into a room…carrying the weight of the world”, The Age, 14 November 2008, page 11, interview with Professor Ian Ramsay

Turnover of CEOs of major Australian companies and the financial crisis

  1. “Heads roll as crisis deepens”, The Australian Financial Review, 12 November 2008, page 15, interview with Professor Ian Ramsay

ASIC commences short selling case

  1. “Short-selling case will test the law”, The Age, Business section, 8 November 2008, page 3, interview with Professor Ian Ramsay; also “Naked short-selling case will test the law”, The West Australian, 8 November 2008, page 67, interview with Professor Ian Ramsay

Collapse of Allco Finance Group

  1. “CBA lent the largest chunk”, The Australian Financial Review, 5 November 2008, page 60, interview with Professor Ian Ramsay

Federal government guarantee of banks and banks’ investment products

  1. “When you can’t bank on the bank”, The Australian Financial Review, 1 November 2008, page 23, interview with Professor Ian Ramsay

Decision of the Supreme Court of Western Australia in Bell Group v Westpac

  1. “No clear winner – except the lawyers”, The Australian Financial Review, 29 October 2008, page 10, interview with Professor Ian Ramsay

Government releases draft legislation with criminal penalties for cartels

  1. “Cartels face jail threat”, The Herald Sun, 28 October 2009, page 4, interview with Professor Ian Ramsay

Governance issues when the CEO is ill

  1. “Quarantining that illness”, Company Director, October 2008, page 39, interview with Professor Ian Ramsay

Increases scrutiny of auditors by ASIC

  1. “Hunted ASIC becomes hunter”, The Australian Financial Review, 18 October 2008, page 8, interview with Professor Ian Ramsay

Prime Minister Kevin Rudd’s comments regarding remuneration for executives of financial firms

  1. Channel 9 TV, A Current Affair Program, 16 October 2008, interview with Professor Ian Ramsay
  2. Radio 2GB (Sydney), The Drive Program, 16 October 2008, interview with Professor Ian Ramsay
  3. Channel 9 TV, The Today Show, 16 October 2008, interview with Professor Ian Ramsay
  4. “Greed is bad, says Rudd”, The Sydney Morning Herald, 16 October 2008, page 1, interview with Professor Ian Ramsay
  5. “Rudd war on bankers’ salary deals”, The Age, 16 October 2008, page 1, interview with Professor Ian Ramsay
  6. “Rudd hatches a plan to put the brake on bank executives’ bulging bonuses”, The Age, 16 October 2008, page 5, interview with Professor Ian Ramsay

ASIC commences litigation against KPMG for negligence in relation to its audit of the Westpoint group of companies

  1. “ASIC sues KPMG over Westpoint audit”, The Australian Financial Review, 14 October 2008, page 3, interview with Professor Ian Ramsay

The financial crisis and investor fears

  1. “Greed is gone, fear is here”, The Herald Sun, 11 October 2008, page 94, interview with Professor Ian Ramsay

ASIC investigation into ABC Learning relating to disclosure issues

  1. “ABC Learning facing ASIC questions”, The Sydney Morning Herald, 2 October 2008, page 27, interview with Professor Ian Ramsay; also “ABC learns accounts delay won’t stop ASIC”, The Age, Business section, 2 October 2008, page 3, interview with Professor Ian Ramsay; and “”Watchdog presses on with ABC inquiry”, The West Australian, 2 October 2008, page 54, interview with Professor Ian Ramsay

Commencement of ASIC case against directors of James Hardie Industries Ltd for breach of duty

  1. “Case against Hardie board begins”, The Australian Financial Review, 29 September 2008, page 6, interview with Professor Ian Ramsay 

The global financial crisis and the prospects for dealing with global poverty

  1. “Hope for poor in New Deal”, New Sunday Times (Malaysia), 28 September 2008, page 35, interview with Professor Ian Ramsay

Government bailouts of companies and moral hazard

  1. “Warning! Moral Hazard alert”, The Age, Business section, 28 September 2008, page 1, interview with Professor Ian Ramsay 

ASIC ban on short selling of listed shares

  1. “Confusion abounds as short-sell rules change again”, The Canberra Times, 24 September 2008, page 2, interview with Professor Ian Ramsay
  2. “Short selling ban and US rescue breath new life into stocks”, The Herald Sun, 23 September 2008, page 24, interview with Professor Ian Ramsay; also “Investors scramble for stock: confused start with ban”, The Courier Mail, 23 September 2008, page 27, interview with Professor Ian Ramsay
  3. SKY TV, The Business Report Program, 22 September 2008, interview with Professor Ian Ramsay

US government US$ 700 billion rescue package to buy distressed mortgage debt from banks and comparisons with Australia

  1. ABC TV, The Midday Report Program, 22 September 2008, interview with Professor Ian Ramsay; also ABC Radio 774 (Melbourne), The 1pm and 2pm News Programs, 22 September 2008 and ABC 612 (Brisbane), The 5pm News Program, 22 September 2008

Pan Pharmaceuticals fined $10 million and the Commonwealth Director of Public Prosecutions discontinues the prosecution of former Pan Pharmaceuticals CEO

  1. ABC Radio National, The PM Program, 19 September 2008, interview with Professor Ian Ramsay

Increasing turnover of CEOs

  1. “Turnover at the top gathers pace”, The Australian Financial Review, 10 September 2008, page S4, interview with Professor Ian Ramsay

Criticisms of credit rating agencies

  1. “Kings of conflict”, The Age, Business section, 6 September 2008, page 1, interview with Professor Ian Ramsay

Litigation against companies and directors as an indicator of company failure

  1. “Courting failure: survey”, The Herald Sun, 4 September 2008, page 71, interview with Professor Ian Ramsay 

Aristocrat Leisure settles shareholder class action for $144 million

  1. ABC Radio National, The PM Program, 28 August 2008, interview with Professor Ian Ramsay

Former HIH Insurance Deputy Chair has banning order overturned

  1. “Abbott appeal success”, The Herald Sun, 26 August 2008, page 29, interview with Professor Ian Ramsay

Executive remuneration issues when companies share prices decline

  1. “Panic in the executive suite”, The Australian Financial Review, 23 August 2008, page 23, interview with Professor Ian Ramsay

Pan Pharmaceutical former CEO awarded $50 million in compensation by government in settlement of legal claim 

  1. ABC TV, The 7.30 Report Program, 14 August 2008, interview with Professor Ian Ramsay

Younger CEOs appointed by major Australian companies

  1. “The young guns”, The Herald Sun, 2 August 2008, page 91, interview with Professor Ian Ramsay; also “New wave of young guns take the reins”, The Adelaide Advertiser, 2 August 2008, page 70

Research by the Centre for Corporate Law and Securities Regulation on which courts hand down most corporate law judgments

  1. “Business litigants back Spigelman court”, The Australian, 25 July 2008, page 29, interview with Professor Ian Ramsay
  2. “’Sydney vortex’ pulls in corporate suits”, The Australian Financial Review, 27 June 2008, page 53, interview with Professor Ian Ramsay   

Alan Cameron appointed chair of ASX Markets Supervision

  1. ASX beefs up supervisory department”, The Age, Business online, 21 July 2008, interview with Professor Ian Ramsay

Tax havens

  1. ABC TV, The Lateline Program, 17 July 2008, interview with Professor Ian Ramsay

Banning of company directors by ASIC

  1. .”More directors challenge bans”, The Australian Financial Review, 7 July 2008, page 11, interview with Professor Ian Ramsay

Speech by the Commonwealth Treasurer on foreign investment

  1. “Swan’s warning shot”, The Herald Sun, 5 July 2008, page 91, interview with Professor Ian Ramsay

ASX study on directors failing to disclose their share trading

  1. “Crackdown urged on director trades”, The West Australian, 28 June 2008, page 75, interview with Professor Ian Ramsay

ASIC restructure to deal with market developments

  1. “ASIC knew it all but did nothing”, The Sydney Morning Herald, 28 June 2008, page 41, interview with Professor Ian Ramsay

Senator Andrew Murray retires from Parliament

  1. “Revisions and time for tea for retiring senator who flourished on details”, The Age, Business section, 28 June 2008, page 3, interview with Professor Ian Ramsay

Chinese investment in Australian resource companies

  1. “Foreign surge hots up but door is open”, The Herald Sun, 27 June 2008, page 77, interview with Professor Ian Ramsay; also “Overseas buying in spotlight”, The Courier Mail, 27 June 2008, page 45; “Australian mining focus rises”, The Adelaide Advertiser, 27 June 2008, page 83

ASIC litigation against former Westpoint director Norman Carey

  1. “ASIC starts anew against Westpoint”, The Herald Sun, 27 June 2008, page 79, interview with Professor Ian Ramsay; also “’Technical’ victory for Westpoint founder”, The Adelaide Advertiser, 27 June 2008, page 84

Richard Pratt faces criminal charges in relation to evidence he gave to the ACCC about the cartel between Visy Industries and Amcor

  1. “Cold war”, The Herald Sun, 28 June 2008, page 27, interview with Professor Ian Ramsay
  2. “Hole in billionaire’s deal”, The Australian, 21 June 2008, page 2, interview with Professor Ian Ramsay
  3. “Pratt team hits back” The Herald Sun, 21 June 2008, page 91, interview with Professor Ian Ramsay
  4. “Pratt charges show ACCC ‘getting tough’”, AAP, 20 June 2008, interview with Professor Ian Ramsay; also “Criminal case sends message”, The Townsville Bulletin, 21 June 2008, page 69; “Pratt case fuels up the fight against cartels”, The Hobart Mercury, 21 June 2008, page 28; “Pratt vows to fight”, The Sunraysia Daily, 21 June 2008, page 21
  5. ABC News Radio, The Breakfast Program, 20 June 2008, interview with Professor Ian Ramsay
  6. ABC Radio National, The AM Program, 20 June 2008, interview with Professor Ian Ramsay
  7. ABC Radio National, The World Today Program, 20 June 2008, interview with Professor Ian Ramsay

Government Green Paper on financial services and credit reform

  1. “Swan treads well-worn path to financial safety”, The Australian Financial Review, 7 June 2008, page 23, interview with Professor Ian Ramsay
  2. “Proposal to outlaw predatory lending”, The Sydney Morning Herald, 4 June 2008, page 25, interview with Professor Ian Ramsay
  3. ABC TV, The Lateline Business Program, 3 June 2008, interview with Professor Ian Ramsay

ASIC and corporate collapses

  1. ABC TV, The Lateline Program, 23 May 2008, interview with Professor Ian Ramsay

Proposed merger of Westpac and St George banks

  1. ABC Radio National, The PM Program, 13 May 2008, interview with Professor Ian Ramsay
  2. “Merger fees trough”, The Age, Business section, 13 May 2008, page 1, interview with Professor Ian Ramsay 

ASIC announces structural changes

  1. “ASIC rings in the changes”, The Age, Business section, 9 May 2008, page 1, interview with Associate Professor Pamela Hanrahan

Margin calls and forced sale of shares by company directors

  1. “Murky round margins: forced share sales unlikely to put directors in the hot seat”, The Courier Mail, 8 May 2008, page 64, interview with Professor Ian Ramsay

Incorporated law firms and conflicts of interest

  1. “Question mark still hangs over incorporation”, Lawyers Weekly, 2 May 2008, page 5, interview with Professor Ian Ramsay

Call for disclosure of share trading by senior executives of listed companies

  1.  “Calls for tougher stance on share disclosure”, The Australian, 24 April 2008, page 33, interview with Professor Ian Ramsay

Collapse of investment firm Chartwell Enterprises

  1. ABC Radio 774 (Melbourne), The Breakfast Program, 23 April 2008, interview with Professor Ian Ramsay

Share trading by company directors and enforcement of trading disclosure laws

  1. ABC TV, The 7.30 Report Program, 16 April 2008, interview with Professor Ian Ramsay

Chinese investment in Australian resource companies

  1. “The China connection”, The Herald Sun, 12 April 2008, page 99, interview with Professor Ian Ramsay; also “China ready to buy”, The Courier Mail, 14 April 2008, page 26, interview with Professor Ian Ramsay 

Collapse of margin lender Lift Capital

  1. ABC Radio National, The World Today Program, 11 April 2008, interview with Professor Ian Ramsay

Collapse of Opes Prime stockbrokers 

  1. “Clients lose title to stock in Opes case”, The Sydney Morning Herald, 3 May 2008, page 41, interview with Professor Ian Ramsay
  2. ABC Radio 774 (Melbourne), The 7pm News Program, 2 May 2008, interview with Professor Ian Ramsay; also ABC Radio 936 (Hobart), The 8pm News Program
  3. ABC Radio National, The PM Program, 2 May 2008, interview with Professor Ian Ramsay
  4. “Opes client loses court bid”, The Age, Business online, 2 May 2008, interview with Professor Ian Ramsay
  5. “ANZ sticks to its big guns”, The Australian Financial Review, 19 April 2008, page 13, interview with Professor Ian Ramsay 
  6. “Who can you trust?”, The Age, Business section, 19 April 2008, page 4, interview with Professor Ian Ramsay
  7. ABC Radio National, The World Today Program, 18 April 2008, interview with Professor Ian Ramsay
  8. SKY TV, The Business Report, 11 April 2008, interview with Professor Ian Ramsay
  9. ABC Radio National, The PM Program, 7 April 2008, interview with Professor Ian Ramsay
  10. ABC TV, The Inside Business Program, 6 April 2008, interview with Professor Ian Ramsay
  11. "Misleading’ claim the clients’ only hope”, The Australian, 5 April 2008, page 39, interview with Professor Ian Ramsay
  12. “Merrill turns in surplus to administrators”, The Sydney Morning Herald, 5 April 2008, page 45, interview with Professor Ian Ramsay
  13. “Opes woes hit more stocks”, The Age – online, 3 April 2008, interview with Professor Ian Ramsay
  14. ABC Radio National, The Breakfast Program, 2 April 2008, interview with Professor Ian Ramsay
  15. “Warning: margin calls ahead”, The Age, Business section, 1 April 2008, page 2, interview with Professor Ian Ramsay; also “Investors face asset sales as margin calls linger”, The West Australian, 1 April 2008, page 38, interview with Professor Ian Ramsay 
  16. ABC TV, The Lateline Program, 31 March 2008, interview with Professor Ian Ramsay
  17. SKY TV, The Business Report, 31 March 2008, interview with Professor Ian Ramsay
  18. ABC Radio National, The PM Program, 31 March 2008, interview with Professor Ian Ramsay
  19. ABC Radio 774 (Melbourne), The Breakfast Program, 31 March 2008, interview with Professor Ian Ramsay  

Commentary on call to merge ASIC and APRA

  1. “No super regulator, says Sherry”, The Australian Financial Review, 2 April 2008, page 4, interview with Professor Ian Ramsay 

Calls for more disclosure of data on short selling and share lending 

  1. “Lack of action on stock lending blasted”, The Australian Financial Review, 1 April 2008, page 9, interview with Professor Ian Ramsay 

The collapse of stockbrokers Opes Prime and the implications for investors and regulators of volatile markets  

  1. “Opes Prime: who understood?”, The Age, Business section, 1 April 2008, page 10, article written by Professor Ian Ramsay

Corporate law reform recommendations from government advisory committees yet to have a government response

  1. “Corporate law review at standstill”, The Australian Financial Review, 25 March 2008, page 6, interview with Professor Ian Ramsay

Citigroup sues ABC Learning Centres Ltd executives

  1. “Bank sues ABC bosses”, The Courier Mail, 15 March 2008, page 75,  interview with Professor Ian Ramsay 

ASIC investigation of market manipulation and insider trading

  1. “ASIC on insider trading hunt”, The Age, Business section, 12 March 2008, page 2, interview with Professor Ian Ramsay; also “Watchdog goes after marker manipulators” The West Australian, 12 March 2008, page 61 

Regulation of short selling 

  1. “ASX closes loophole: market cowboys reigned in”, The Australian, 7 March 2008, page 2, interview with Professor Ian Ramsay 
  2. Radio 2GB (Sydney), The Drive Program, 7 March 2008, interview with Professor Ian Ramsay  

Margin loans and directors

  1. “Experts cool on debt-level disclosure shake-up”, The Age, Business Section, 29 February 2008, page 1, interview with Associate Professor Pamela Hanrahan
  2. “ABC Learning turmoil”, ABC Radio National, Breakfast Program, 28 February 2008, interview with Associate Professor Pamela Hanrahan 

Regulation of financial advisers

  1. “Disclosure: means well but failing”, The Australian Financial Review, 19 February 2008, page 4, report on comments by Associate Professor Pamela Hanrahan to the ASIC Summer School   

Corporate social responsibility and superannuation funds

  1. “Good deeds and super returns”, The Sunday Age, 17 February 2008, page 22, interview with Professor Ian Ramsay

Reform of business laws and the new Labor government

  1. “Grand ambition”, Business Review Weekly, 7 February 2008, page 29, interview with Professor Ian Ramsay 

Legal challenges to the Takeovers Panel

  1. “Panel to prove its worth”, The Australian Financial Review, 11 January 2008, page 8, interview with Professor Ian Ramsay 

 

 
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