ASIC Corporate Investigations and Hearings: update 64

Abstract

This highly practical service is your reference to the methods of investigation and enforcement used by ASIC when performing its regulatory functions under the Corporations Act and ASIC Act. A full explanation of ASIC's powers, including ASIC's investigative powers, ASIC's powers to conduct administrative hearings and court proceedings, together with practical guidelines, commentary on the relevant law and ASIC guidelines, are provided to ensure you have the necessary information. There is no other service available in the market explaining the powers of ASIC to investigate the affairs of the company.

Tom Middleton has made this difficult area of law easy to understand. This is particularly critical if ASIC commences an investigation or takes proceedings against the company that are not anticipated and there is limited time for lawyers to be briefed. The service has been further enhanced with the inclusion of additional practical guidelines set out in a clear "question and answer" form with numerous cross-references to the text. The practical guidelines concisely set out the rights and obligations of persons, including directors and company officers, who are the subjects of ASIC's investigation, legal proceedings or administrative hearings.

Original updated commentary in:

• Chapter 8: ASIC Proceedings on Investigations

• Chapter 11: Release of Information

• Chapter 12: Enforcement

• Chapter 15: Legal Professional Privilege

• Chapter 16: Review