The Law of Insider Trading in Australia
The Law of Insider Trading in Australia
by Gregory Lyon and Jean du Plessis
Hardcover 239 pgs.
Published: June 2005
ISBN: 1-86287-563-4
ISBN-13: 978-1-86287-563-0
$150.00

The Law of Insider Trading in Australia

This book provides a detailed and practical analysis of Australian insider trading laws. The work:
  • Examines all fundamental concepts relating to insider trading such as "who is an insider," "what is inside information" and "when is information generally available";
  • Provides commentaries on proposed changes to the laws;
  • Examines the impact of the most recent decisions, including Hannes, and Rivkin;
  • Provides a very detailed examination of the defences and exceptions, with particular attention to the operation of Chinese Walls;
  • Fully and systematically analyses the provisions on insider trading in the Corporations Act and the Criminal Code (Cth) within the context of decided cases and relevant secondary materials;
  • Comprehensively covers the penalties and remedies for contravention of the insider trading regime. This coverage includes the intricate civil compensation provisions and an up-to-date analysis of the civil penalties regime in light of ASIC v Petsas;
  • Discusses the operation and effectiveness of continuous disclosure as a means of preventing insider trading.
Table of Contents

CHAPTER 1: Introduction
CHAPTER 2: The Operation of the Current Legislative Provisions Prohibiting Insider Trading
CHAPTER 3: The Exceptions and Defences to the Prohibition
CHAPTER 4: Penalites and Remedies
CHAPTER 5: Enforcement and the Interrelationship Between Insider Trading and Continuous Disclosure
APPENDIX 1: Table of Australian Insider Trading Cases
Bibliography

"According to the foreword provided by MEJ Black AC, the Chief Justice of the Federal Court of Australia, the authors have 'produced a scholarly work of great value which addresses pressing questions about Australia’s insider trading laws.' Even the most cursory consideration of the work serves to confirm the views expressed by the Chief Justice....
This book makes an outstanding contribution to the body of corporations related texts in the country and is likely to become the pre-eminent source of reference for the law of insider trading in this country. It will be of considerable interest and assistance to students, academics and practitioners and individuals involved in law enforcement."

-- Anthony Lo Surdo, Barrister, Australian Banking and Finance Law Bulletin, Vol. 21 No. 3, August 2005

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