University of Melbourne Law School Legal Studies Research Paper Series最新文献

{"title":"Why Do Employees Participate in Employee Share Ownership Plans?","authors":"Michelle Brown, Rowan Minson, Ann O’Connell, I. Ramsay","doi":"10.2139/SSRN.1873802","DOIUrl":"https://doi.org/10.2139/SSRN.1873802","url":null,"abstract":"Employee share ownership in Australia has, until recently, been largely unchartered, despite considerable public policy interest in the area. Although empirical research has recently been undertaken into the current incidence and forms of broad-based employee share ownership plans (ESOPs) in Australia, and the motivations and objectives of employers in implementing them, the reasons why non-executive Australian employees elect or decline to participate in ESOPs remain unclear. Where shares or options are provided to employees as a ‘gift’, the answer may be considered comparatively straightforward but, in cases of contributory plans, do employees only participate when they perceive the company to be a good financial investment or do non-financial considerations such as the desire to take part in company decision-making also play a role? Are employees’ decisions influenced by their degree of commitment to their employer or are attitudes towards employee share ownership in general more important? What, moreover, is the significance of demographic factors such as age, gender and income? The answers to these questions have implications for corporate governance, human resource practice and public policy. This research report presents findings from a survey of employees at two major Australian companies with operating ESOPs. Part 2 of the report explains the background and methodology behind the survey. Parts 3 and 4 set out, respectively, the key characteristics of the sample and the basic results, while Part 5 directly tests the above questions.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114816736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Promoting Budget Transparency Through Tax Expenditure Management: A Report on Country Experience for Civil Society Advocates","authors":"M. Burton, M. Stewart","doi":"10.2139/SSRN.1864324","DOIUrl":"https://doi.org/10.2139/SSRN.1864324","url":null,"abstract":"This report aims to provide an accessible source of information about tax expenditure reporting, including definitions, explanations of different approaches to measurement and calculation, and examples and analysis of country experiences. Politicians, journalists, think tanks and researchers, government department officers and Treasury and Finance officials may find the information and experiences in this report helpful in analyzing their own country government’s decisions about taxing and spending.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122477538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"WTO Law and Risk Factors for Non-Communicable Diseases: A Complex Relationship","authors":"Tania Voon","doi":"10.4337/9781781006146.00020","DOIUrl":"https://doi.org/10.4337/9781781006146.00020","url":null,"abstract":"This paper highlights the growing public health problem posed by non‐communicable diseases ('NCDs') – principally cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – and the crucial role of the WTO in supporting international efforts to combat that problem. Some studies blame international trade for introducing or aggravating burdens on public health such as alcoholism, tobacco addiction, and obesity, which contribute substantially to NCDs. WTO law does contain significant flexibility to enable WTO Members to implement genuine health measures. Nevertheless, certainty of outcomes under WTO dispute settlement, including predictable regulatory freedom, could be further enhanced by the generation of additional scientific evidence concerning the impact of the many available regulatory measures on the risk factors for NCDs, as well as a more holistic understanding of the complex relationship between international trade and these risk factors.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122600513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trustee Directors' Liability to Members","authors":"Pamela Hanrahan","doi":"10.2139/SSRN.1781473","DOIUrl":"https://doi.org/10.2139/SSRN.1781473","url":null,"abstract":"This paper is concerned with the personal liability of the directors of a company that is trustee of an Australian superannuation fund to members of that fund. It identifies six ways in which such liability may arise: under the SIS Act duty of care; for dishonest or misleading conduct under the financial services laws; through the application of certain fiduciary proscriptions under general principles of trust law; under each of the limbs of the rule in Barnes v Addy (knowing receipt and knowing participation); and through involvement in a contravention by the trustee of certain provisions of SIS, the Corporations Act or the ASIC Act. The paper comments on the Cooper Review recommendations for reform in this area.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"235 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132213954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shareholder and Creditor Protection Indices - Australia 1970-2010","authors":"H. Anderson, M. Welsh, I. Ramsay","doi":"10.2139/SSRN.2163809","DOIUrl":"https://doi.org/10.2139/SSRN.2163809","url":null,"abstract":"The shareholder and creditor protection indices for Australia are part of a larger international study examining the relationship between a country’s legal origins and the extent and character of business regulation, including labour law, and shareholder and creditor protection. The indices measure changes between 1970 and 2010 in the protection of shareholders and creditors in Australia. The index of shareholder rights consists of 60 items in total. It has been divided into two sub-indices – the first measures shareholder protection against various forms of expropriation by boards of directors and management and the second measures the protection that shareholders have against other shareholders. The creditor protection index consists of 44 items and is divided into three sub-indices. The first sub-index relating to creditor protection measures the extent to which rules restrict or deter debtor companies from entering into transactions that might harm creditors’ interests while the company is a going concern. The second index measures creditor contract rules. The third index measures the extent to which creditor rights are protected in insolvency, and considers both liquidation and rehabilitation.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123800926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Cartel Project: Report on a Survey of the Australian Public Regarding Anti-Cartel Law and Enforcement","authors":"Caron Beaton-Wells, Fiona Haines, C. Parker, Chris Platania‐Phung","doi":"10.2139/SSRN.1743268","DOIUrl":"https://doi.org/10.2139/SSRN.1743268","url":null,"abstract":"This survey has been undertaken in connection with a research project (The Cartel Project) that investigates various aspects of the criminalisation of cartel conduct in Australia. In section 1 of the Report we set out the background to cartel criminalisation in Australia (section 1.1) and explain the aims and components of The Cartel Project (section 1.2). We also set out why we decided to undertake this survey as part of The Cartel Project and, in particular, why we regard empirical evidence of public opinion on cartel criminalisation as relevant from various perspectives (section 1.3). The scope of the survey, as determined by the questions we were seeking to answer, is explained (section 1.4), and finally there is a note on the purpose and scope of this report (section 1.5).","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130073503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Children's Contact Services in Australia: The Referral Process","authors":"B. Fehlberg, R. Hunter","doi":"10.5040/9781472564238.ch-010","DOIUrl":"https://doi.org/10.5040/9781472564238.ch-010","url":null,"abstract":"In Australia, the possibility of using a Children’s Contact Service arises in a relatively small number of cases, but on a regular basis. This chapter, like the previous chapter, draws on the findings of a recently completed project on Children’s Contact Services. While the previous chapter looked at families’ movement through Contact Services and on to self-managed contact, this chapter looks at entry into Contact Services, in particular, referral agents’ accounts of the process of referral to Children’s Contact Services, the types of court orders made for supervised contact or changeover, and the contents of those orders. It also looks at the factors identified by referral agents as prompting an increase in recent years in the number of orders for the use of Children’s Contact Services, and the impact of the advent of Children’s Contact Services on their legal practices. The chapter concludes by identifying best practices for referral to Children’s Contact Services to emerge from the project.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127742030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Political Prisoner: A Securities Regulator for Canada - Again?","authors":"Cally Jordan","doi":"10.2139/SSRN.1143516","DOIUrl":"https://doi.org/10.2139/SSRN.1143516","url":null,"abstract":"Attempts to create a national securities regulator for Canada have been held hostage to politics for decades, a sorry testimony to the Rajan and Zingales thesis that the political structures within a country are a primary impediment to financial market development. Yet another initiative to address this issue was recently announced. This short piece looks back at the last fifteen years of failed proposals, including a flirtation with an Australian model, in an effort to gauge the likelihood of success this time round. Unfortunately, the attempts to create a national securities regulator for Canada have been marred in the past by the search for easy answers elsewhere. The main problem with the current initiative appears to be its lack of focus. The burning (albeit slow burning) and long unresolved issue of a national regulator is just one of several other matters under consideration. It is easy to see how several of these other less contentious, and quite interesting, proposals may get taken up and moved forward, leaving the hard nut of how to create a national securities regulator uncracked. On the other hand, if the issue itself of a national securities regulator is fading away, does this indicate increasing marginalization of the Canadian markets themselves.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114291943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulating Directors' Duties: How Effective are the Civil Penalty Sanctions in the Australian Corporations Law?","authors":"G. Gilligan, H. Bird, I. Ramsay","doi":"10.2139/SSRN.922781","DOIUrl":"https://doi.org/10.2139/SSRN.922781","url":null,"abstract":"The research project examines how the Australian Securities and Investments Commission (ASIC) uses civil penalties as an enforcement tool against company directors. It identifies and critically evaluates the factors which impact upon ASIC enforcement decisions regarding civil penalties. The methodology employed for the research involved collection of data about the use of civil penalties and a series of semi-structured interviews with senior ASIC enforcement personnel from regional offices around Australia. Those interviewed included: National Director, Enforcement; Regional Commissioner; Regional Director, Enforcement; Regional Assistant Director, Enforcement; and Regional General Counsel. Civil penalties were introduced by the Federal Parliament in 1993 with the expectation that they would be a significant enforcement tool. On 1 July 1998, the Federal Parliament extended the application of civil penalties under the Corporations Law to a number of additional statutory provisions including provisions involving share capital transactions and the management of managed investment schemes. However, our research has found that ASIC has commenced only 14 civil penalty applications relating to 10 case situations since civil penalties were introduced in 1993. The research identifies a number of reasons for this: 1. Civil penalties are seen by many of those interviewed as being inflexible and having limited utility as an enforcement option. 2. There are a number of alternative remedies which, from ASIC's point of view, appear to be more viable than civil penalties. In particular, there are injunctions which provide a \"real time\" remedy as well as section 600 of the Corporations Law which allows ASIC, in certain circumstances, to ban a person from managing a corporation. Section 600 is an effective remedy according to many of those who we interviewed as it does not require ASIC to bring court proceedings although the person banned may challenge the ASIC banning order in court. In order to ban a person from managing a corporation for breach of a civil penalty provision, ASIC must bring court proceedings. 3. A number of those interviewed expressed reservations about delays associated with use of the courts in the area of enforcement and, in addition, some of the difficulties of interpretation that have resulted from certain judgments of courts. These uncertainties in the interpretation of basic statutory provisions regulating directors' duties (which are civil penalty provisions) reinforce the trend to use alternative enforcement mechanisms. 4. There was some indication that many of those in the enforcement section of ASIC come from a criminal law background and therefore have a tendency to prefer criminal actions rather than civil penalties. The suggestion was that this would change over time as the personnel of ASIC changed. 5. Those interviewed indicated that the requirement to liaise with the Director of Public Prosecutions (DPP) over significant enforce","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"95 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132505036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Icann Domain Name Dispute Resolution System as a Model for Resolving Other Intellectual Property Disputes on the Internet*","authors":"A. Christie","doi":"10.2139/SSRN.319201","DOIUrl":"https://doi.org/10.2139/SSRN.319201","url":null,"abstract":"This article provides a introductory consideration of the extent to which the domain name dispute resolution system of the Internet Corporation for Assigned Names and Numbers (\"ICANN\") - which implements and enforces the ICANN Uniform Domain Name Dispute Resolution Policy (\"UDRP\") - provides a useful model for the resolution of other intellectual property disputes that arise through the use of the Internet. It starts with a brief description of the development and implementation of the UDRP, and of the experience since its adoption by ICANN. The article then proceeds to explain the reasons for the effectiveness of the ICANN domain name dispute resolution system, and the key actors and entities that comprise that system. The conceptual equivalent of those actors and entities in a generalized regulated technical infrastructure are then determined by extrapolation. The reasons for the effectiveness of the ICANN system - the uniform application of the UDRP to all potential transgressors, and the automatic execution of an effective remedy against proven transgressors - are discussed as well as how this remedy can have the secondary effect of the removal of the transgressor's presence on the Internet under the domain name in issue. There is no reason why, as a matter of practical necessity, the availability of this remedy need be limited to the type of conduct currently prohibited in the UDRP - i.e. bad faith registration and use of a domain name that is the same or confusingly similar to another person's trademark or service mark. It is conceivable that other conduct which infringes on the rights of an intellectual property owner could be treated as giving rise to such a remedy. Accordingly, the ICANN domain name dispute resolution system does, in theory at least, have the potential to provide a model for the resolution of disputes concerning misuse on the Internet of other intellectual property.","PeriodicalId":368661,"journal":{"name":"University of Melbourne Law School Legal Studies Research Paper Series","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127261350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}