Market Conduct Regulation

Market conduct regulation refers to the operation of the market. Regulators are increasingly moving towards expansive definitions of what consitutes market integrity. This series explores the consequences of this move. It evaluates market conduct regulatory performance across three main areas - structure (or mandate), internal processes and managerial discretion - and five dimensions Compliance, Ethics, Deterrence, Accountability and Risk (CEDAR).

Opinion Pieces

Boring and protected: fifth pillar needed to get Australian bank customers moving

 Image sourced from Shutterstock.com
Rob Nicholls and Carolyn Evans discuss the competition policy in Australia's banking industry.

AUSTRAC throws regulatory lifeline to "de-banked" bitcoin operators

The Australian anti-money laundering regulator has thrown a potential lifeline to the country's bitcoin industry, making it clear that the AML/counter-terrorism laws do not obligate banks to clos

"Tranche two" proposals raise alarm bells over AUSTRAC industry levy

Money Laundering
Major reporters under the Australian anti-money laundering regime have called on the government to review the funding model for AUSTRAC ahead of any moves to introduce a "second tranche" of

Working Papers

CLMR Working Paper 14-2: Sovereign Wealth Funds: The Good Guy Investment Actors?

Originally Published: 
05/05/2014
The CLMR State Capital research team elucidate how Sovereign Wealth Funds may not only be a facilitative economic mechanism but also an important tool for domestic societal benefit.

CLMR Working Paper 14-1: Australian Foreign Investment Law and Policy in the Asian Century

Originally Published: 
11/02/2014
Can Australia’s current policy settings be maintained in the Asian Century given the pace and scale of change since the framework was first established in 1975?

CLMR Working Paper 13-7: Singapore Sling: How Coercion May Cure the Hangover in Financial Benchmark Governance

Originally Published: 
03/10/2013
Justin O'Brien examines Singapore's approach to Libor issues

Government Submissions

CLMR Submission to the Financial System Inquiry

Originally Published: 
01/04/2014
Professor O'Brien (CLMR Director) and Dr George Gilligan (CLMR Senior Research Fellow) author the CLMR submission to the Australian Financial System Inquiry.

CLMR Submission to the Financial System Inquiry

CLMR Director Professor Justin O'Brien and Senior Research Fellow Dr. George Gilligan make a submission to the Australian Financial Systems Inquiry on behalf of CLMR.

Submission to the Senate Inquiry into the Performance of ASIC

An overview of the submission made by Professor Justin O'Brien and Dr George Gilligan

Podcasts

Fixing the Fix: Benchmark Reform and the Future of Financial Regulation

Originally Published: 
02/12/2014
The webcast of the CLMR and Allen & Overy event held on 19 November looking at benchmark manipulation is now available

Justin O'Brien Interviews Leonardo Pereira, Chair of Brazil's CVM

Originally Published: 
11/08/2014
In the eighth and last of the CIFR interviews at IOSCO in Madrid, Justin O'Brien with talks with Leonardo Pereira, the Chair of Brasil’s Comissão de Valores Mobiliário

Justin O'Brien Interviews Anne Lachat, Chair of FINMA

Originally Published: 
04/08/2014
In the seventh of the CIFR interviews at IOSCO in Madrid, Justin O'Brien with talks with Anne Héritier Lachat, Chair of the Swiss Financial Market Supervisory Authority

Publications

Changes to Commercial and Corporations Practice in the Federal Court of Australia

Published in the Law Society Journal, February 2017. Authored by Michael Legg, Associate Professor, UNSW Law and member of the Law Society’s Future Committee.

Final standard for measuring and controlling large exposures published by the Basel Committee

Originally Published: 
15/04/2014
The Basel Committee on Banking Supervision published a final standard that sets out a supervisory framework for measuring and controlling large exposures, which will take effect from 1 January 2019.

Canadian Government Releases Updated Policy Towards State Capitalism

Originally Published: 
07/12/2012
The Canadian Government has releases its updated policy towards investments from state-owned entities.

LFMR Abstract

IMF Managing Director Christine Lagarde in Ireland

Originally Published: 
19/01/2015
IMF Managing Director Christine Lagarde made a statement at the Conclusion of Her Visit to Ireland

Article IV Consultation with the Republic of Madagascar

Originally Published: 
16/01/2015
On January 16, 2015, the Executive Board of the International Monetary Fund (IMF) concluded the Article IV consultation with Madagascar.

Christine Lagarde to Visit Rwanda and Senegal

Originally Published: 
16/01/2015
Ms. Christine Lagarde, Managing Director of the International Monetary Fund (IMF), will visit Rwanda from January 26-29, 2015, and Senegal from January 29-31, 2015, to meet with policymakers and other representatives of society in each country.

Workshops

Workshop Series: Manipulation of LIBOR and Associated Benchmarks, 2014

Originally Published: 
01/01/2014
CLMR ran a series of four major workshops on regulatory issues regarding the manipulation of the London Interbank Offered Rate (LIBOR) and associated benchmarks.

Regulatory Engagement, Design and Strategies: Problems and Perspectives

Originally Published: 
26/07/2013
26 July 2013 UNSW CBD Campus, Sydney

Psychological and Behavioural Elements in Board Performance

Originally Published: 
04/07/2013
4 July 2013, Allens, Sydney

Conferences

CLMR Practitioners' Forum 2017

The CLMR Practitioners' Forum will provide high quality analysis of recent legal, regulatory and policy developments in company law, fiduciary duties, banking, fin-tech, company administration an
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