Corporations, Financial Services and Charities: Regulatory Complexity and Coherence

Abstract

Regulatory complexity and incoherence are an increasing challenge facing many parts of the Australian legal system. Particular issues arise in the regulatory frameworks governing corporations, financial services and charities – areas in which the similarities and differences offer insights into the nature of regulatory complexity and the possible responses. In light of a pressing need to simplify and rationalise these regulatory frameworks, this article critically analyses the issues and suggests potential reforms. In doing so, it draws on the findings from two current projects and academic research by scholars such as Emeritus Professor Stephen Bottomley of ANU College of Law.

Keywords: regulation; corporations law; charity law; financial services; complexity; governance; fiduciary duties

JEL Classification: K10; K20; K22