Effective regulation, including in areas such as competition law, securities, financial services and taxation, requires the availability and use of various dispute resolution and enforcement techniques. This course reviews the forms and techniques of regulation with a view to examining how they interact with methods of enforcement such as negotiation, dispute handling services such as the Financial Ombudsman Service, civil litigation and criminal prosecution.
The course examines the major policy questions in “white-collar crime” and regulatory enforcement, such as deterrence or compliance, achieving behavioural change, the role of reputation, action against corporation or individuals, and the interaction between public and private enforcement (class actions).
The course uses multi-media case studies from Australia and the United States, such as disclosure breaches, insider trading, Ponzi schemes and anti-money laundering, to examine and critique the regulatory responses chosen. Students will examine the objectives and choices made by regulators and the responses of defendants and their lawyers, with a view to considering the effectiveness of both.
The course combines theory and practice with a view to equipping students for careers with either regulators or in private practice.
Prerequisite: Completion of 36 UOC of JURD courses including Resolving Civil Disputes (JURD7271/JURD7211) for students enrolled prior to 2013.
For students enrolled after 2013, completion of 72 UOC of JURD courses including RCD (JURD7271).
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