• Australian Courts Split on Approach to Approval of Civil Penalty Settlements
  • April 22, 2013
  • Law Firm: Jones Day - Cleveland Office
  • The Victorian Court of Appeal in Australian Securities and Investments Commission (ASIC) v Ingleby [2013] VSCA 49 raised concerns that the current approach to court approval of civil penalty settlements, as set out in two Full Federal Court of Australia decisions, fettered the court's discretion, reduced the court to a "rubber stamp", and compromised the separation of powers.