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Companies take heed: the misleading or deceptive conduct provisions are gaining prominence

North, Gillian 2012, Companies take heed: the misleading or deceptive conduct provisions are gaining prominence, Company and securities law journal, vol. 30, pp. 342-365.

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Title Companies take heed: the misleading or deceptive conduct provisions are gaining prominence
Author(s) North, Gillian
Journal name Company and securities law journal
Volume number 30
Start page 342
End page 365
Total pages 24
Publisher Lawbook Co.
Place of publication Rozelle, N.S.W.
Publication date 2012-01
ISSN 0729-2775
Summary Provisions that prohibit misleading or deceptive conduct are included inseveral Australian statutes. The article considers these provisions, with aparticular focus on company disclosure matters. It reviews the regulation,empirical research, case law, class actions, and the links and connectionsacross the provisions and with the continuous disclosure obligations. Itargues that listed company directors and managers ought to carefully review their public disclosure processes and cultures. The focus and balance of the company disclosure regulatory framework appears to be shifting and the misleading or deceptive conduct provisions are becoming more prominent.Recent high-profile litigation by the Australian Securities and Investments Commission against listed companies alleging misleading or deceptive conduct and contravention of the continuous disclosure provisions has succeeded. Moreover, a growing number of class actions founded on misleading or deceptive conduct and a failure to disclose are being launched and settled.
Language eng
Field of Research 180109 Corporations and Associations Law
1801 Law
1501 Accounting, Auditing And Accountability
Socio Economic Objective 949999 Law
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2012, Lawbook Co.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091049

Document type: Journal Article
Collection: Law
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