Book contents
- Frontmatter
- Contents
- Foreword
- Notes on Contributors
- Acknowledgements
- Table of cases
- Table of legislation
- 1 Crisis-driven regulatory reform: where in the world is the EU going?*
- 2 The legacy effects of the financial crisis on regulatory design in the EU
- 3 Why did Australia fare so well in the global financial crisis?
- 4 The political economy of Dodd-Frank: Why financial reform tends to be frustrated and systemic risk perpetuated
- Index
- References
3 - Why did Australia fare so well in the global financial crisis?
Published online by Cambridge University Press: 05 December 2012
Book contents
- Frontmatter
- Contents
- Foreword
- Notes on Contributors
- Acknowledgements
- Table of cases
- Table of legislation
- 1 Crisis-driven regulatory reform: where in the world is the EU going?*
- 2 The legacy effects of the financial crisis on regulatory design in the EU
- 3 Why did Australia fare so well in the global financial crisis?
- 4 The political economy of Dodd-Frank: Why financial reform tends to be frustrated and systemic risk perpetuated
- Index
- References
Summary
Introduction
The history of corporate governance is also a history of crises and scandals.
Klaus J. HoptAustralia provides an intriguing case study in relation to the global financial crisis. At first sight, at least, Australia appears to have withstood the crisis remarkably well, living up to its famous description as “the lucky country.” This has been the source of numerous laudatory statements by government officials and others throughout the global financial crisis. In 2008, the Governor of Reserve Bank of Australia commented, for example, that “there would be very few countries, if any, which would not envy Australia's fiscal position.”
Although the impact of the financial crisis has been less severe in Australia than in many other jurisdictions, including common law jurisdictions such as the United Kingdom and the United States, it cannot be said that Australia escaped the crisis unscathed. There were, for example, a number of high-profile corporate collapses. Also, more recently, messages concerning the state of the Australian economy have become decidedly mixed. There is a growing perception that economic performance is uneven, and that there exists a widening “two speed” or “multi-speed” economy, where “not everybody. . . is in the fast lane.” This refers to the fact that, in contrast to Australia’s booming resources sector, large segments of the economy have experienced weak consumer spending in recent times.
- Type
- Chapter
- Information
- The Regulatory Aftermath of the Global Financial Crisis , pp. 203 - 300Publisher: Cambridge University PressPrint publication year: 2012
References
, “Comparative corporate governance: the state of the art and international regulation,”American Journal of Comparative Law, 59 (2011), 1–72, at 4–5.CrossRefGoogle Scholar
, Inquiry into Financial Products and Services in Australia (Canberra: Commonwealth of Australia, 2009).Google Scholar
, “The view from Sydney: the upbeat outlook fades down under,” Wall Street Journal, July 18, 2011, p. C7
, “Australia growth exceeds expectations,” Financial Times, September 8, 2011, p. 10.
, “Stevens delivers a wake-up call on rates – Quarterly economic outlook,” The Australian, June 16, 2011, p. 32.
, , and , “Law and finance,”Journal of Political Economy, 106 (1998), 1113–55;CrossRefGoogle Scholar
, and , “Corporate ownership around the world,”Journal of Finance, 54 (1999), 471–517.CrossRefGoogle Scholar
Jnr., “Corporate anatomy lessons,”Yale Law Journal, 113 (2004), 1519–77, at 1544–5.CrossRefGoogle Scholar
, “What causes new securities regulation? 300 years of evidence,”Washington University Law Quarterly, 75 (1997), 849–55, at 850Google Scholar
and , “The Australian financial system: evolution, regulation and globalization,”Law & Policy in International Business, 28 (1997), 787–811Google Scholar
, “Regulatory responses to global corporate scandals,”Wisconsin International Law Journal, 23 (2005), 367–416.Google Scholar
, “The social construction of Sarbanes-Oxley,”Michigan Law Review, 105 (2007), 1817–55Google Scholar
, “The Sarbanes-Oxley Act and the making of quack corporate governance,”Yale Law Journal, 114 (2005), 1521–611Google Scholar
, “Some contrasts between British and American corporation law,”Harvard Law Review, 69 (1956), 1369–402CrossRefGoogle Scholar
Jnr., “Law and the market: the impact of enforcement,”University of Pennsylvania Law Review, 156 (2007), 229–311;Google Scholar
, “Variation in the intensity of financial regulation: preliminary evidence and potential implications,”Yale Journal on Regulation, 24 (2007), 253–90.Google Scholar
and , Law and Capitalism: What Corporate Crises reveal about Legal Systems and Economic Development around the World (University of Chicago Press, 2008).CrossRefGoogle Scholar
, “Mutual recognition in international finance,”Harvard International Law Journal, 52 (2011), 55–108, at 65.Google Scholar
, The Turner Review: A Regulatory Response to the Global Banking Crisis (London: FSA, 2009), p. 39ff.Google Scholar
Jnr., “Financial crises 101: what can we learn from scandals and meltdowns – from Enron to subprime?” in (ed.), The Credit Crunch and the Law (Sydney: Ross Parsons Centre of Commercial, Corporate and Taxation Law, 2008), pp. 37–56, at p. 37.Google Scholar
, Final Report of the Financial System Inquiry (“Wallis Report”) (Canberra: Commonwealth of Australia, 1997), Overview, “The financial system: towards 2010,” p. 6.Google Scholar
, The Financial Development Report 2009 (Geneva and New York: World Economic Forum, 2009), p. xi.Google Scholar
, “Mutual recognition of financial services regulation: opportunities and challenges for Australia,” address to the Australian Securities and Investments Commission (ASIC) Summer SchoolOur Financial Markets: The Big Issues, Melbourne, February 19, 2008.Google Scholar
, Australian Financial System – Interim Report (Canberra: Australian Government Publishing Service, 1980).Google Scholar
, The Deregulation of the Australian Financial System: The Experience of the 1980s (Melbourne University Press, 1989)).Google Scholar
, “Bank mergers policy and competition law enforcement: a comparison of recent experience in Australia and Canada,”Banking and Finance Law Review, 15 [1999–2000], 181–248.Google Scholar
, “Institutional investors and corporate governance in Australia” in , and (eds.), Institutional Investors and Corporate Governance (Berlin, New York: Walter de Gruyter, 1994), pp. 583–607, at pp. 583, 588–9.Google Scholar
, “The Russian devolution,” New York Times, August 15, 1999, p. 34
, Enhancing Financial Stability and Economic Growth: The Contribution of Superannuation, Report to the Association of Superannuation Funds of Australia (ASFA) (Melbourne: Allen Consulting Group, 2011), p. 7.Google Scholar
, “Lehman faces legal threat over CDO deals,” Financial Times, December 17, 2007, 1
, “Subprime stoush head to court,” Sydney Morning Herald, January 15, 2008, p. 22.
, “The break-up of the Financial Services Authority,”Oxford Journal of Legal Studies, 31 (2011) 455–80, at 463.CrossRefGoogle Scholar
, The Real Wealth of Nations: Pathways to Human Development, Human Development Report 2010, 20th anniversary edition (New York: Palgrave Macmillan, 2010), p. 79.Google Scholar
, “The regulation of financial institutions: a reflective but selective retrospective,”Canadian Business Law Journal, 50 (2011), 129–55;Google Scholar
, Walker Review: A Review of Corporate Governance in UK Banks and other Financial Industry Entities (London: Walker Review Secretariat, 2009), [7.1].Google Scholar
OECD Economic Surveys: Australia 2010 (OECD Publishing, 2010)
, Australia: 2010 Article IV Consultation – Staff Report; and Public Information Notice on the Executive Board Discussion, IMF Country Report no. 10/331 (Washington D.C.: IMF, 2010), p. 3.Google Scholar
, Executive Remuneration in Australia, Report No. 49, Final Inquiry Report (Melbourne: Productivity Commission, 2009), p. 34.Google Scholar
, Australia as a Financial Centre: Building on our Strengths (“Johnson Report”) (Canberra: Commonwealth of Australia, 2009), pp. 35–6.Google Scholar
, and , “The impact of the financial crisis on the bond market,” Reserve Bank of Australia Bulletin, June (2010), 55–62.
, Government's Economic Stimulus Initiatives (Canberra: Commonwealth of Australia, 2009), government senators' minority report, pp. 60–1.Google Scholar
and , “What has happened to Okun's law in the US and Europe? Insights from the Great Recession and longer term trends,” presentation at International Labour Organization (ILO) Research Conference onKey lessons from the crisis and way forward, Geneva, February 16, 2011, p. 3.Google Scholar
, “Retiring boomers find 401(k) plans fall short,” Wall Street Journal Online, February 19, 2011, p. A1
, “RBA governor Glenn Stevens defends case for raising interest rates,” The Australian, June 15, 2011.
, “Floods hit Australia economy,” Wall Street Journal, May 10, 2011, p. A9.
and , “Aussie dollar gains as rate cut hopes dashed,” Financial Times (FT.com), July 27, 2011, p. 23.
, “ASIC and managed investments,”Company and Securities Law Journal, 29 (2011), 287–312Google Scholar
, Inquiry into Aspects of Agribusiness Managed Investment Schemes (Canberra: Commonwealth of Australia, 2009), pp. 14–16.Google Scholar
, “The new regulatory landscape: opening and welcome address,” in Australian Securities and Investments Commission, The New Regulatory Landscape – Report, ASIC Summer School, February 21–3, 2011 (ASIC, 2011), p. 6Google Scholar
, “Heat on banks after $500 million ABC payout,” Australian Financial Review, June 6, 2011, p. 8
, “Allco hearings reveal failure at every level,” Sydney Morning Herald, March 29, 2010, p. 6
, “Those behind Babcock unscathed in the ruins,” Sydney Morning Herald, September 1, 2011, p. 8.
, “Bank competition in the post-crisis environment,” address to the Citi Australia Investment Conference, Sydney, October 26, 2010, in The Treasury (Australia), Economic Roundup, Issue 4 (2010), pp. 43–51, at pp. 47–8.Google Scholar
, Competition within the Australian Banking Sector (Canberra: Commonwealth of Australia, 2011), p. 1.Google Scholar
, “The structure of financial supervision in Europe: about single financial supervisors, twin peaks and multiple financial supervisors,”European Business Organization Law Review, 8 (2007), 237–306, at 241.CrossRefGoogle Scholar
, Financial Services Law and Compliance in Australia (New York: Cambridge University Press, 2009), .CrossRefGoogle Scholar
R v. Hughes (2000) 202 CLR 535 (Australia)
, “Personal property security law in Australia and Canada: a comparison,”Canadian Business Law Journal, 51 (2011), 425–46, at 425–6.Google Scholar
, “Dodd-Frank: quack federal corporate governance round II,”Minnesota Law Review, 95 (2011), 1779–821;Google Scholar
, “Proper limits of shareholder proxy access”; E. N. Veasey, “What would Madison think? The irony of the twists and turns of federalism,”Delaware Journal of Corporate Law, 34 (2009), 35–56.Google Scholar
and , “Canadian court says single regulator unconstitutional,” Bloomberg Businessweek, December 23, 2011.
, The Failure of HIH Insurance: A Corporate Collapse and its Lessons, 3 vols. (Canberra: Commonwealth of Australia, 2003)Google Scholar
, “The Wallis Report: an overview,”Australian Economic Review, 30 (1997), 288–300.CrossRefGoogle Scholar
, Australian Financial System: Final Report of the Committee of Inquiry (Canberra: Australian Government Publishing Service, 1981);Google Scholar
, Report – A Pocketful of Change: Banking and Deregulation (Canberra: Commonwealth of Australia, 1991).Google Scholar
, , and , “Greater international links in banking – challenges for banking regulation” in The Treasury (Australia), Economic Round-Up – Spring 2006 (Canberra: Commonwealth of Australia, 2006), pp. 117–30, at pp. 119–20.Google Scholar
, “The Wallis Inquiry: perspectives from the Reserve Bank,” Reserve Bank of Australia Bulletin, September (1996), 35–42.
, “The day of reckoning” in (ed.), Collapse Incorporated: Tales, Safeguards and Responsibilities of Corporate Australia (North Ryde, NSW: CCH, 2001), pp. 9–40, at p. 10.Google Scholar
, and , “Business hits back over HIH reforms,” Australian Financial Review, April 22, 2003, p. 1.
, “A comparison of the handling of the financial crisis in the United States, the United Kingdom, and Australia,”Villanova Law Review, 55 (2010), 509–75.Google Scholar
, Blueprint for a Modernized Financial Regulatory Structure (Washington D.C.: Department of the Treasury, 2008), pp. 32, 127.Google Scholar
, “The new laws and regulations for financial conglomerates: will they better manage the risks than the previous ones?”American University Law Review, 60 (2011), 1339–415, at 1342.Google Scholar
, The Financial Crisis Inquiry Report: Final Report of the National Commission on the Causes of the Financial and Economic Crisis in the United States (Washington D.C.: Financial Crisis Inquiry Commission, 2011), p. xviii.Google Scholar
, “Rules of engagement,” Financial Times, July 12, 2010, p. 7.
, and , “Tolerance of patchwork rules poses big hurdle,” Financial Times, November 11, 2009, p. 8
, “America needs a single bank regulator,” Financial Times, August 6, 2009, p. 11.
, A New Approach to Financial Regulation: Judgement, Focus and Stability (London: HM Treasury, 2010), p. 3.Google Scholar
, Interim Report of the Committee on Capital Markets Regulation (Cambridge, MA: Committee on Capital Markets Regulation, 2006);Google Scholar
, Sustaining New York's and the U.S.' Global Financial Services Leadership, Report to M. R. Bloomberg and C. E. Schumer (McKinsey & Co., 2007).Google Scholar
, “Comment: SOX is not to blame – London is just better as a market,” Financial Times, September 18, 2006, p. 19.
, The Supervision of Northern Rock: A Lessons Learned Review (London: FSA Internal Audit, 2008).Google Scholar
, “Northern Rock woes take toll on city's reputation,” Financial Times, August 27, 2008, p. 3
, A New Approach to Financial Regulation: The Blueprint for Reform, Cm 8083 (London: HM Treasury 2011), pp. 3, 8.Google Scholar
and , “A blueprint for cross-border access to U.S. investors: a new international framework,”Harvard International Law Journal, 48 (2007), 31–68, at 32.Google Scholar
, “Challenge of international cooperation and institutional design in financial supervision: beyond transgovernmental networks,”Chicago Journal of International Law, 11 (2010), 243–84Google Scholar
G20 Working Group 1, Enhancing Sound Regulation and Strengthening Transparency – Final Report (2009), p. vi
, Review of the Differentiated Nature and Scope of Financial Regulation: Key Issues and Recommendations (Basel, Switzerland: Bank for International Settlements, 2010), p. 4.Google Scholar
, “How international financial law works (and how it doesn't),”Georgetown Law Journal, 99 (2011), 257–327, at 290–5.Google Scholar
and , “Lost in implementation: the rise and value of the FSB principles for sound compensation practices at financial institutions,” Revue Trimestrielle de Droit Financier, No. 1–2 (2011), 60–5.
Financial Stability Forum, FSF Principles for Sound Compensation Practices (2009).
Financial Stability Board, FSB Principles for Sound Compensation Practices: Implementation Standards (2009).
, “Australia's APRA releases Basel III consultation reforms,” Wall Street Journal, November 15, 2011
Basel Committee on Banking Supervision, Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems, December 2010 (revised June 2011)
, “Financial market regulation in the post-financial services action plan era,”International and Comparative Law Quarterly, 55 (2006), 982–92, at 992.CrossRefGoogle Scholar
, “The European Securities and Markets Authority and institutional design for the EU financial market – a tale of two competences: Part (2) rules in action,”European Business Organization Law Review, 12 (2011), 177–225CrossRefGoogle Scholar
, “Federalism and corporate law: reflections upon Delaware,”Yale Law Journal, 83 (1974), 663–705CrossRefGoogle Scholar
, “The production of corporate law,”Southern California Law Review, 71 (1998), 715–77, at 755Google Scholar
, “Regulatory show and tell: lessons from international statutory regimes,”Delaware Journal of Corporate Law, 33 (2008), 819–43, at 841Google Scholar
, “Rhetoric and reality: a historical perspective on the regulation of foreign private issuers,”University of Cincinnati Law Review, 79 (2010), 619–49Google Scholar
, “Coping in a global marketplace: survival strategies for a 75-year-old SEC,”Virginia Law Review, 95 (2009), 941–87, at 941Google Scholar
, “SEC's mutual recognition pause,” Traders Magazine Online News, February 15, 2008
, Effects of the Australia-New Zealand Mutual Recognition Regime for Securities Offerings – Report 174 (ASIC, 2009)Google Scholar
, Review of Financial Market Infrastructure Regulation: Consultation Paper (Canberra: Commonwealth of Australia, 2011), p. 3Google Scholar
, “Regulatory responses to the financial sector crisis,”Griffith Law Review, 19 (2010), 117–37CrossRefGoogle Scholar
, Competition in the Banking and Non-banking Sectors (Canberra: Commonwealth of Australia, November 2008)Google Scholar
, Final Report – Part One: Overview and Recommendations (Canberra: Commonwealth of Australia, 2010)Google Scholar
, , and , “Lehman files for bankruptcy, Merrill sold, AIG seeks cash,” Wall Street Journal, September 16, 2008.
and , “How Rudd bet the house,” The Australian, June 19, 2010, p. 1.
, “Rudd the profligate; Australia's Prime Minister is making an expensive bet on Keynes,” Wall Street Journal Online, April 23, 2009.
and , “Australia's fast recovery spurs fears it overdid stimulus,” Wall Street Journal, October 13, 2009, p. A15
, “Obama signs stimulus into law,” Wall Street Journal, February 18, 2009.
, “Darling unveils £20bn fiscal stimulus,” Financial Times, November 24, 2008.
, Group of Twenty – Meeting of the Deputies, January 31–February 1, 2009, London, United Kingdom (Washington D.C.: IMF, 2009), p. 18Google Scholar
, “How APRA handled the crisis,” The Australian, April 27, 2010, p. 18.
, “Amid tumult, intervention is a capital idea,” Financial Times, October 7, 2011, p. 2
, and , “UK banks to be part-nationalised,” Financial Times, October 8, 2011, p. 1
, “Government's move to resuscitate failing system,” Financial Times, October 9, 2011, p. 2.
and , “Fears set investors panicking to grab cash,” Sydney Morning Herald, October 11, 2008, p. 39
and , “Bourses in steep decline across the region,” Financial Times, October 9, 2008, p. 28.
, “Financial crisis: deposit insurance and related financial safety net aspects,” OECD Journal: Financial Market Trends, Issue 2 (2008), 73–111
, “Rudd needs to straighten out the details of bank guarantees,” The Australian, October 17, 2008, p. 28.
, “Guarantees turn into political beasts,” Australian Banking and Finance, vol. 17 no. 19, November 30, 2008, pp. 1, 10–11, at p. 1
, “Tweaks coming for deposit guarantee,” The Australian, October 18, 2008, p. 37
, and , “Swan's deposit fix to calm investors,” Australian Financial Review, October 25, 2008, p. 3.
, “RBA warns on bank guarantee as Reserve and Treasury at loggerheads,” The Australian, October 21, 2008.
, “Message from Hayek to Rudd with love,” The Australian, October 24, 2008, p. 12
, “The United States banking system,”Brooklyn Journal of International Law, 19 (1993), 1–46Google Scholar
, “Incentive compatibility and the optimal design of deposit protection: an assessment of UK arrangements,”Journal of Financial Regulation and Compliance, 10 (2002), 115–34CrossRefGoogle Scholar
, “Japan's experience with deposit insurance and failing banks: implications for financial regulatory design?”Washington University Law Quarterly, 77 (1999), 399–431Google Scholar
Pearson, Financial Services Law and Compliance, p. 276; Australian Prudential Regulation Authority, “Core principles for effective banking supervision: self-assessment for Australia,” Information Paper, April (2011), p. 3
, “Banks need more competition, not more regulation,” The Australian, December 6, 2010, p. 14.
, Government Measures to Address Confidence Concerns in the Financial Sector – The Financial Claims Scheme and the Guarantee Scheme for Large Deposits and Wholesale Funding (Canberra: Commonwealth of Australia, 2009), p. viiGoogle Scholar
, Post-implementation Review and Regulation Impact Statement: Financial Claims Scheme (Commonwealth of Australia, 2011), pp. 1–9, 78Google Scholar
, “The Australian Government Guarantee Scheme,” Reserve Bank of Australia Bulletin, March (2010), 19–26, at 20.
, and , “Recent trends in Australian banks' bond issuance,” Reserve Bank of Australia Bulletin, March (2010), 27–33, at 28.
and , “Australian residential mortgage-backed securities update” in , Global Securitisation and Structured Finance 2008 (London: Globe White Page, 2008), pp. 76–84, at p. 76Google Scholar
, “Issuance of residential mortgage-backed securities in Australia – legal and regulatory aspects,”University of New South Wales Law Journal, 29 (2006), 173–206Google Scholar
, Competitive and Sustainable Banking System (Canberra: Commonwealth of Australia, 2010), pp. 19–20Google Scholar
, “Level playing field would open doors for small lenders,” Sydney Morning Herald, October 30, 2010, p. 6.
, “Own your own bank and prosper,” Sydney Morning Herald, July 21, 2010, p. 4.
, “Dedicated little guys can give bankers a run for their money,” Sydney Morning Herald, November 6, 2010, p. 7.
, “Banks grab lion's share of all new home loans,” Sydney Morning Herald, September 26, 2011, p. 5.
and , “Back to the bad old days,” Sydney Morning Herald, December 4, 2010, p. 8.
, “Big four tighten grip on home loans,” Australian Financial Review, July 13, 2011, p. 51
, “Covered bonds another string in banks' bow,” Sydney Morning Herald, September 16, 2011, p. 7.
House of Representatives, Banking Amendment (Covered Bonds) Bill 2011, Explanatory Memorandum (2011), [1.2].
and , “Australia dips its toe into covered bonds,” Financial Times, November 18, 2011, p. 22.
, “Support rises in US for covered bonds law,” Financial Times, March 16, 2011
, “Covered bonds will help bank funding but aren't a game-changer,” Sydney Morning Herald, November 17, 2011, p. 7
, “United States” in European Covered Bond Council, 2010 ECBC European Covered Bond, 5th edition (2010), pp. 341–4, at p. 341
, “Plan for US covered bonds,” Financial Times, November 10, 2011.
, “Covered bond legislation introduced in Senate,” Housing Wire, November 9, 2011.
, “Crisis delays CBA bond issue,” Australian Financial Review, November 21, 2011, p. 46.
, and , “Euro crisis hits local banks,” Australian Financial Review, November 26, 2011, p. 1.
, “Europe turmoil forces CBA to delay covered bond issue,” Sydney Morning Herald, November 22, 2011, p. 3
, “The rising tension between shareholder and director power in the common law world,”Corporate Governance: An International Review, (18) 2010, 344–59.CrossRefGoogle Scholar
, “Protect industry from predatory speculators,” Financial Times, July 8, 2009, p. 9.
, “One-way street? As its companies expand abroad, Japan erects new barriers at home,” Financial Times, March 3, 2008, p. 7.
and , “Poison ink aimed at ‘locusts’,” New York Times, March 31, 2006, p. C8.
, “Recent legal developments on market manipulation and insider trading” in and , New Trends in Sharemarket Regulation (Ross Parsons Centre of Commercial, Corporate and Taxation Law, 2011), pp. 59–73, at p. 67Google Scholar
, “Short selling and securities lending in the midst of falling and volatile markets,”Journal of International Banking Law and Regulation, 24 (2009), 1–12Google Scholar
, “Insider trading and market misconduct,”Company and Securities Law Journal, 29 (2011), 313–26Google Scholar
and , “Short-selling bans around the world: evidence from the 2007–09 crisis,” August (2011) (draft paper available on American Finance Association website, forthcoming, Journal of Finance), p. 11.
, and , “ASIC crackdown on short selling,” Australian Financial Review, September 20, 2008, p. 12.
, , and , “Has the short-selling ban reduced liquidity in the Australian stock market?,” 4 (2008), Finsia Journal of Applied Finance, 14–20, at 15Google Scholar
and , “Bank stocks hit as ASIC lifts ban on short-selling,” Sydney Morning Herald, May 26, 2009, p. 15.
and , “Heat on ASIC over short-selling ban,” The Age, September 24, 2008, p. 1
, “A long way for short selling rules,” The Australian, May 11, 2009, p. 22.
, “ASIC's decision can help stability,” The Australian, January 22, 2009, p. 25.
, “Keep short ban, banks plead,” The Australian, January 21, 2009, p. 19.
, “ASIC urged to lift short-sell ban,” Australian Financial Review, January 7, 2009, p. 36
, “Financial shorts ban divides market,” The Australian, March 6, 2009, p. 17.
and , “Ban stays as world view is sold short,” The Age, March 7, 2009, p. 1
, “The regulatory framework for executive remuneration in Australia,”Sydney Law Review, 31 (2009), 273–308Google Scholar
, and , “Comparing CEO employment contract provisions: differences between Australia and the United States,”Vanderbilt Law Review, 64 (2011), 559–611, at 573–4Google Scholar
and , “The non-binding vote on executive pay: a review of the CLERP 9 reform,”Australian Journal of Corporate Law, 18 (2005), 263–87Google Scholar
, “Regulatory responses to global corporate scandals,”Wisconsin International Law Journal, 23 (2005), 367–416Google Scholar
, “The global financial crisis, behavioural finance and financial regulation: in search of a new orthodoxy,”Journal of Corporate Law Studies, 9 (2009), 23–59CrossRefGoogle Scholar
, “Structural causes of the global financial crisis: a critical assessment of the ‘new financial architecture’,”Cambridge Journal of Economics, 33 (2009), 563–80, at 565CrossRefGoogle Scholar
and , “Economics, politics and the international principles for sound compensation practices: an analysis of executive pay at European banks,”Vanderbilt Law Review, 62 (2011), 431–502Google Scholar
, “Regulating executive remuneration after the global financial crisis: common law perspectives” in and (eds.), Research Handbook on Executive Pay (Cheltenham: Edward Elgar, 2012), pp. 219–40Google Scholar
, “The global financial crisis and the financial stability forum: the awakening and transformation of an international body,”Transnational Law & Contemporary Problems, 19 (2010), 203–20Google Scholar
, “Global crisis ‘failure of extreme capitalism’: Australian PM,” Agence France Presse, October 15, 2008.
Corporations and Markets Advisory Committee (Australia), Executive Remuneration – Information Paper, July (CAMAC, 2010).
and , “Shell's executive pay plan voted down in shareholder rebellion,” Financial Times, May 20, 2009, p. 15.
, “515 directors face shareholder axe,” Australian Financial Review, February 4, 2012, p. 3.
, “Companies learn the art of communication,” Australian Financial Review, November 23, 2011.
, “Measures ‘send a powerful message to future chiefs’; plaudits for reforms,” Financial Times, January 24, 2012, p. 3
, “Excessive executive pay faces UK curb,” Financial Times, January 24, 2012, p. 4.
, “The crisis: causes, consequences and lessons for the future: the Australian perspective,” in ASIC, Global Crisis: The Big Issues for Our Financial Markets, ASIC Summer School 2009
, “Meet the man we're all banking on,” Australian Financial Review, March 14, 2009, p. 26.
and , “Culture allowed rogue traders to flourish,” Australian Financial Review, May 29, 2006, p. 61.
, “The dangers of the unearned bonus,” Australian Financial Review, April 23, 2004, p. 45
, “NAB eases back into forex,” Herald-Sun, April 19, 2005, p. 29.
, “Stewart pledges strict new risk controls,” Australian Financial Review, March 15, 2004, p. 53.
and , “Why has CEO pay increased so much?”The Quarterly Journal of Economics, 123 (2008), 49–100.CrossRefGoogle Scholar
Australian Council of Super Investors (ACSI), CEO Pay in the Top 100 Companies: 2010, Research Paper (2011), p. 19.
, “Explaining the international CEO pay gap: board capture or market driven?”Vanderbilt Law Review, 57 (2004), 1171–267Google Scholar
Department for Business Innovation & Skills (BIS), Executive Remuneration, Discussion Paper (BIS, 2011)
, and , “Are U.S. CEOs paid more than U.K. CEOs? Inferences from risk-adjusted pay,”Review of Financial Studies, 24 (2011), 402–38CrossRefGoogle Scholar
International Institute for Labour Studies, World of Work Report 2008: Income Inequalities in the Age of Financial Globalization, Executive summary: preprint edition (IILS, 2008), p. 3.
, Working for Australia: Consumers, Investors, Business and Markets, ASIC Annual Report 2005–06 (ASIC, 2006), p. 5Google Scholar
, “Savings at risk after Fincorp collapse,” The Australian, March 26, 2007, p. 3.
, “Lehman Brothers buys Grange Securities,” Money Management, January 19, 2007.
, “Devil in the detail for complex case,” Sydney Morning Herald, June 17, 2011, p. 1.
, “Dante notes led to a financial inferno,” Sydney Morning Herald, February 23, 2011.
, “Lehman's back. . .in $70m cash grab,” Australian Financial Review, November 11, 2011, p. 13.
, “Australia's mining boom masks crisis in economy,” Financial Times, August 5, 2011, p. 4.
, “The resources boom,” remarks by the Governor of the Reserve Bank of Australia Glenn Stevens at the Victoria University Public Conference on The Resources Boom: Understanding National and Regional Implications, Melbourne, February 23, 2011
, Australia's Future Tax System Review – Report to the Treasurer (ACT: Commonwealth of Australia, 2009)Google Scholar
, “Australian PM waters down mining tax,” Financial Times, July 1, 2010.
, “Call to take slice of bank profits,” Australian Financial Review, September 28, 2011, p. 10.
, “Rio chief uses Rudd case as a warning – mining tax battle,” The Australian, July 10, 2010, p. 28.
, “The economic situation,” address by the Governor of the Reserve Bank of Australia to the CEDA Annual Dinner, Melbourne, November 19, 2008, Reserve Bank of Australia Bulletin, December (2008), 13–17
and , “The Australian economy and the global downturn – Part 1: Reasons for resilience” in The Treasury (Australia), Economic Roundup, Issue 2 (2011), pp. 1–31, at pp. 22–4.
, “Growth, jobs and prosperity: economic progress under the Howard government,”Quadrant (Sydney), 53 (1–2) (2009), 14–20Google Scholar
and , “A perspective on trends in Australian Government spending,” in The Treasury (Australia), Economic Roundup, Summer 2008, pp. 27–49, at p. 44.
Guy Woods, “International Comparisons of National Debt,” Parliamentary Briefing Book, Parliament of Australia, Parliamentary Library (2010), citing data from International Monetary Fund, Navigating the Fiscal Challenges Ahead, Fiscal Monitor, May 14, 2010
and , “RBA cut to boost economy,” Australian Financial Review, September 1, 2008, p. 1
, “Australia makes first rate cut in seven years,” Financial Times, September 3, 2008, p. 4
, “Fortress Australia,” Sydney Morning Herald, October 1, 2008, p. 1
and , “Australia rate rise poses a global policy challenge,” Wall Street Journal, October 7, 2009, p. A14
, “Recovery hopes stir markets – Australian rate rise spurs stock, commodity rallies; gold hits record high as dollar falls,” Wall Street Journal, October 7, 2009, p. A1
, “Rates cut as Rudd warns on growth,” Financial Times, December 3, 2008, p. 3
, “Labor, RBA in post-GFC split: WikiLeaks,” The Australian, August 31, 2011, p. 1
, “Turnbull ‘vindicated’ in opposition to stimulus,” The Australian, September 1, 2011, p. 2.
, Economist, Macquarie Bank, Opening Statement to the Senate Economic Committee Inquiry, Proof Committee Hansard, October 28, 2009, p. 43.
, “Stimulus ‘served Australia well’ despite waste,” ABC News (online), August 6, 2010.
, “In praise of stimulus,” The Age, August 9, 2010, p. 8.
(Cth) (“APRA Amendment Bill 2003”), Explanatory Memorandum (2003)
, “Costello moves to sack APRA board,” The Australian, June 6, 2003, p. 18.
, “Damages for HIH bust may top $1bn,” The Age, July 15, 2003, p. 1.
, “Saved by dumb luck,” Business Spectator, March 2, 2008
and , “Australia” in (ed.), The Banking Regulation Review (London: Law Business Research Ltd, 2010)Google Scholar
, “Level playing field would open doors for small lenders,” Sydney Morning Herald, October 30, 2010, p. 6.
and , “Developments in the structure of the Australian financial system,” Reserve Bank of Australia Bulletin, June Quarter (2011), 29–40, at 30.
Global Finance, “World's 50 safest banks 2011,” Global Finance Magazine, August 18, 2011 (ratings as of August 11, 2011)
World Economic Forum, The Financial Development Report 2011, Insight Report (World Economic Forum, 2011), p. xiii
, “Banks face ratings downgrade on funding,” AAP Financial News Wire, January 30, 2012.
, “Bad debts mar NAB's $2 bn profit,” Australian Financial Review, April 29, 2009, p. 1.
and , “Lenders countenance new era of low credit growth,” Australian Financial Review, March 25, 2011, p. 47.
The Treasury (Australia), Study of Financial System Guarantees (“Davis Report”) (Commonwealth of Australia, 2004)
, “Once bitten: how Australia's banks dodged the crisis,” Australian Financial Review, December 21, 2009, p. 1.
, “Four Pillars policy saved us: Macfarlane,” Sydney Morning Herald, March 3, 2009.
, “Australian, New Zealand banks remain sound during global crisis,” IMF Survey Magazine: Countries & Regions, January 22, 2010
, “How to help people whose home values are underwater; the economic spiral will get worse unless we do something about negative equity,” Wall Street Journal, November 18, 2008, p. A21.
, “What's in a name? Examining the consequences of inter-legality in Australia's superannuation system,”Sydney Law Review, 33 (2011), 295–318Google Scholar
Amendment Bill 2011 (Cth), Explanatory Memorandum (2011), p. 3
, Stronger Super – Government Response (Canberra: Commonwealth of Australia, 2010), p. 3Google Scholar
, “Super chance to reform system,” The Australian, April 27, 2011, p. 1
, “Toward common sense and common ground? Reflections on the shared interests of managers and labor in a more rational system of corporate governance,”Journal of Corporate Law, 33 (2007), 1–20Google Scholar
, “The mythical benefits of shareholder control,”Virginia Law Review, 93 (2007), 789–809Google Scholar
, “The four stages of capitalism: reflections on investment management treatises,”Harvard Law Review, 94 (1981), 561–82CrossRefGoogle Scholar
, “Making good use of that spare magic $1 million,” Australian Financial Review, February 7, 2007, p. 29.
, “The million dollar question,” Money Management, April 5, 2007, p. 32.
, “Solving a problem that's already fixed,” Australian Financial Review, September 13, 2004, p. 8.
, Future Fund: Australia's Sovereign Wealth Fund – Annual Report 2010–2011 (Future Fund Board of Guardians, 2011), p. 3.
, “Future Fund shouldn't be shackled,” Australian Financial Review, June 18, 2005, p. 45.
and , “Piggy bank for super bills welcomed,” Australian Financial Review, September 13, 2004, p. 22
, “The biggest bucket of money, unspent,” Australian Financial Review, January 20, 2007, p. 24.
, “Big shot,” The Australian, February 7, 2007, p. 24.
, “Surcharge savings to give super boost to funds,” Australian Financial Review, May 25, 2005, p. 44.
(with the assistance of R. D. Friedman), Capitalism and Freedom (1962), Preface (1982 edition), p. ix.
and , Foundations of Corporate Empire: Is History Repeating Itself? (Financial Times Prentice Hall, 2000)Google Scholar
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