Friday 31 May 2019

Nothing to brag about


Corporate regulator ASIC prosecuted more than 200 small businesses in second half of 2018 This is probably a number I wouldn't be bragging about if I was the head of ASIC. What annoys me about these type of cases is when regulators like ASIC complain that they are out-resourced in litigation against large companies, such as major banks, and need more money whilst at the same time throwing hundreds of thousands of dollars at small businesses who in most cases don't have the resources to fight back. The small business is usually forced to give up due to these financial pressures even in circumstances where they may have had a valid defence. In addition, it seems to me that 50 of these "small business cases" would be worth one big business case against a major bank in terms of achieving what should be the goal of every regulator - achieving general deterrence.

https://www.smartcompany.com.au/business-advice/legal/asic-prosecuted-200-small-businesses-2018/?

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