This ground-breaking book provides a comprehensive legal review of the Australian non-bank financial sector. It analyses and explains its evolution since deregulation in 1981 until today. It explores non-bank financial entities (including managed investment schemes and superannuation funds), which largely have not been examined in the recent Banking Royal Commission and other inquiries.
The author quantifies and explains the causes of systemic and cyclical failure of the law in the sector, bringing together the various sources of law applicable to the various types of legal entity, and also explains the difficulties and choices faced by directors and trustees of these entities. In doing so, he positions current regulation in the business context. A comparative analysis of regulation in other jurisdictions identifies both successful and unsuccessful strategies for the sector. The author puts forward suggestions for reform by way of guidance for future policy development and its implementation in law.
Corporate Governance in Non-Bank Financial Entities is essential reading for legal and corporate advisors in the financial sector, and a valuable resource on the duties of directors and trustees of the affected entities.
Features
Unique and comprehensive analysis
Underpinned by in-depth, qualitative research
Identifies the causes of regulatory failure and consequent impacts on investors and the Australian economy more broadly
Provides concrete suggestions for reform
Related Titles
Austin, Ford & Ramsay, Company Directors: Principles of Law and Corporate Governance, 2005
Baxt, Black & Hanrahan, Securities and Financial Services Law, 9th ed, 2016
Farrar & Hanrahan, Corporate Governance, 2017
Gamertsfelder, Governance and Conduct Obligations in Financial Services, 2016
Taylor & Juchau, Financial Planning in Australia: Advice and Wealth Management, 8th ed, 2017
David Millhouse is Adjunct Honorary Senior Research Fellow, Faculty of Law, Bond University. He analyses new cases as they come before the courts, extending to the franchise sector. These demonstrate that systemic deficiencies in the law continue to manifest in egregious behaviours. Research interests include the application of Artificial Intelligence and Robotic Process Automation in the law.