Enforceable Undertakings and the Court System
Marina Nehme, ‘Enforceable Undertakings and the Court System’ (2008) 26(3) Company and Securities Law Journal, 147-171
25 Pages Posted: 29 Oct 2013
Date Written: October 28, 2008
An enforceable undertaking is one of the many sanctions available to a number of Australian regulators. This sanction is widely used in the regulatory community for it allows regulators to reach expeditious solutions to alleged offences at minimal cost to their agencies and the courts. The regulators will usually enter into an enforceable undertaking when they believe that such undertakings will offer a more effective regulatory outcome than other sanctions. This article deals with the following question: Given the apparent popularity of the enforceable undertaking, are the courts in favour of this sanction? In discussing this matter, the author illustrates the support given by the courts to the use of undertakings by regulators and the position of the courts when regulators have sought to enforce undertakings.
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