The Law of Insider Trading in Australia
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.
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Market Fairness Equal Access and Market Efficiency
The Operation of the Current Legislative Provisions
Who is an Insider?
Possession of Inside Information
When is Information Generally Available?
Securities and Financial Products
The Efficacy of the Operation of the Current Provisions
The Practical Operation of the Criminal Sanctions Hannes
Enforcement and the Interrelationship between
The Interrelationship Between Continuous Disclosure
Disclosing Entities and Entities Exempted from
Enforcement of the Continuous Disclosure Requirements
The Exceptions and Defences to the Prohibition
The Exceptions under the Corporations Regulations
Reform of Defences
Penalties and Remedies
14 ACLC ACSR Ampolex Anisman apply ASIC v Petsas Australian Stock Exchange Baxt Black and Hanrahan body corporate breach CAMAC Chinese Walls circumstances civil penalty provisions communication Company and Securities continuous disclosure contravention Corporations Act 2001 Corporations Act ss Corporations Law court Crimes Act 1914 defined definition directors disclose Discussion Paper dissemination division of Macquarie enforcement entity exceptions and defences exemption Explanatory Memorandum financial products Financial Services Firns Gething Goldwasser Griffiths Committee Griffiths Report Hannes Ibid Industry Act 1980 inside information insider trading laws insider trading provisions Insider Trading Report insider's investment investors issuer liability litigation mation mens rea offence operation Parliament of Australia pecuniary penalty period of disqualification person possess inside information possession of inside procuring proposal Pty Ltd put option readily observable regime requirement Rivkin Section Securities Industry Act shares takeover Trading in Australia transaction underwriting whilst Zigelaar