Prudential Regulation

Opinion Pieces

Superannuation Governance: Is independence enough?

iddi.com
Scott Donald and Suzanne Le Mire analyse how Independence works in the Superannuation system.

Real reasons behind the Greek crisis: inefficiency and a fudged budget deficit

Greek debt crisis
Professor Ross Buckley discusses the real reasons behind the Greek debt crisis.

Australia's banking culture: What has gone wrong?

Cultural change is needed in our major banks, from how CEOs define their organisation's purpose, to how employees are rewarded, writes Ross Buckley.

Working Papers

CLMR Working Paper Series:A Servant of Two Masters? Conflicts of Duty in the Australian Financial Services Industry (16-2)

M Scott Donald considers the application of the classic fiduciary proscription on conflicts of duties to the evolving models of governance found in the superannuation and managed funds sectors.

CLMR Working Paper Series: Independence in Practice: Superannuation Fund Governance through the Eyes of Fund Directors (16-3)

M Scott Donald and Suzanne Le Mire report on a series of interviews with current superannuation fund directors.

CLMR Working Paper Series: Independence and the Governance of Superannuation Funds (16-1)

M Scott Donald and Suzanne Le Mire reflect on what board member independence might offer the superannuation system.

Government Submissions

Submission to Treasury on Independence of Directors on Superannuation Funds

Originally Published: 
23/07/2015
A submission by Dr Scott Donald and Dr Suzanne Le Mire to the Treasury on the independence of superannuation fund boards.

Podcasts

In Who Or What Do We Trust? (Panel Discussion)

Originally Published: 
13/12/2011
Panel discussion from the second seminar of UNSW Law's series "In Who or What Do We Trust?" UNSW's Centre for Law, Markets and Regulation presents Prof Lynn Stout, the Paul Hastings Distinguished Professor of Corporate and Securities Law at UCLA.

Publications

Reconceptualising the Regulation of Global Finance

Originally Published: 
08/09/2015
This paper analyses five major changes in the global financial system in the past 40 years, and explores potential regulatory responses that could make the system more stable and resilient.

International Coordination in Cross-Border Bank Bail-ins: Problems and Prospects

Originally Published: 
07/09/2015
This article assesses whether bail-in, a predominant approach to banking resolution, would be subject to the same coordination problems that affect other resolution tools, and to discuss the logic of international legal cooperation in bail-in policies.

Global Systemic Risk and International RegulatoryCoordination: Squaring Sovereignty and Financial Stability

Originally Published: 
07/09/2015
This article looks at the role of domestic policies and government actions as sources of global instability.

LFMR Abstract

Banking compliance and dependence corruption: Towards an attachment perspective

Originally Published: 
01/04/2014
Kenny, Kate. Banking compliance and dependence corruption: Towards an attachment perspective. Law and Financial Markets Review, Vol. 8, No. 2, Apr 2014: 165-177. Availability: <http://search.informit.com.au/documentSummary;dn=364191239847384;res=IELBUS>

Federal deposit insurance corporation and bank of England memorandum on resolving globally active systemically important financial institutions

Originally Published: 
01/11/2013
Davies, Paul. Federal deposit insurance corporation and bank of England memorandum on resolving globally active systemically important financial institutions. Law and Financial Markets Review, Vol. 7, No. 6, Nov 2013: 304-310.

Interpreting the EBA's powers: A case comment on the EBA's board of appeal decision 2013-008, 24 June 2013

Originally Published: 
01/11/2013
Janssen, Dominic. Interpreting the EBA's powers: A case comment on the EBA's board of appeal decision 2013-008, 24 June 2013. Law and Financial Markets Review, Vol. 7, No. 6, Nov 2013: 311-314.

Workshops

CLMR Seminar: Emerging Trends in Financial Services Regulation

Originally Published: 
18/08/2016
The Centre for Law, Markets and Regulation and the partners of Herbert Smith Freehills held a seminar on the important trends emerging in the financial services arena in the area of customer remediation.

Benchmark Governance and the Dynamics of Financial Regulation - November 2014 Workshop

Originally Published: 
30/10/2014
The fourth and final workshop in an international series on benchmark manipulation and regulatory reform.

Independence and Accountability on Superannuation Boards

Originally Published: 
13/08/2013
30 August 2013, Herbert Smith Freehills, Sydney
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