Australian Securities and Investments Commission Corporate Investigations and Hearings

The book "Australian Securities and Investments Commission Corporate Investigations and Hearings" by Thomas Middleton is a comprehensive legal resource that provides detailed coverage of the methods of investigation and enforcement powers of the Australian Securities and Investments Commission (ASIC). Here is a comprehensive overview of the book:

Key Themes

1. Investigative Powers of ASIC: The book delves into the statutory duties and powers of ASIC to investigate suspected contraventions, including the duty of care and diligence required of directors and officers.
2. Statutory Duty of Good Faith: It examines the role of good faith in corporate governance and the implications of breaches of fiduciary duty, including the subjective versus objective tests in determining improper purposes.
3. Civil Penalty Regime: The book discusses the historical development and current application of the civil penalty regime in achieving regulatory objectives, drawing from world's best practice and public and private interest theories.
4. Regulatory Framework: It analyzes the Australian corporate regulatory framework, identifying problems and suggesting law reforms based on the enforcement pyramid model.

Plot Summary

The book is structured as a looseleaf service, which means it is regularly updated to reflect changes in the law and regulatory environment. It provides practical guidance for legal practitioners, including detailed coverage of ASIC's investigative methods, the role of directors and officers, and the implications of breaches of fiduciary duty.

Critical Reception

While specific reviews of the book are not readily available, the author, Thomas Middleton, is recognized as an expert in the field of corporate regulation. His work has been cited by courts, academics, and law reform commissions in Australia and New Zealand, indicating its significance and utility in the legal community.

Author Background

Thomas Middleton is an Associate Professor in the School of Law at James Cook University, Townsville. He is admitted as a Solicitor of the Supreme Court of Queensland and has extensive experience in corporate law. He has published numerous refereed articles and has contributed significantly to the development of the Australian corporate regulatory framework.

Publication Details

The book was first published in 1999 by Thomson Reuters and has been in continuous publication for over 14 years. It is updated five times a year, making it a leading publication for legal practitioners dealing with ASIC's investigative and enforcement powers.

In summary, "Australian Securities and Investments Commission Corporate Investigations and Hearings" by Thomas Middleton is a seminal work in the field of corporate regulation, providing detailed insights into ASIC's investigative powers and the regulatory framework governing corporate activities in Australia. Its practical guidance and regular updates make it an essential resource for legal practitioners.