Handbook

The effective regulation of areas such as competition law, securities, financial services and taxation requires the availability and use of enforcement techniques, including litigation. This course examines the procedural aspects of litigation in the regulatory context. The course addresses litigation issues common to all regulatory schemes such pre-litigation processes which are characterised by a regulator's investigation and information gathering powers and criminal law aspects of regulatory litigation. Three different regulatory schemes and their regulator (Competition Law/ACCC, Securities Law/ASIC and Tax Law/ATO) are then examined from the perspective of enforcement and litigation.

Main Topics

• The role of enforcement in regulation
• Pre-Litigation Processes
• Competition Law Litigation
• Securities and Financial Services Litigation
• Tax Litigation
• Criminal Law Aspects of Regulatory Litigation
• Special Topics eg class actions, Royal Commissions.

(LLM students will be required to choose 2 out of 3 of competition law litigation, securities and financial services litigation
and tax litigation)