'It's not fair!': the duty of fairness and the corporate regulator

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2014

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Le Mire, S.

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The Sydney Law Review, 2014; 36(3):445-470

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Suzanne Le Mire

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Abstract

Origins and purpose of the duty of fairness - analysis of duty of fairness in James Hardie cases - concept of fairness - proposal of theoretical model of fairness - interpretation of duty in context of government litigation - comparison with theoretical model - legal framework for Commonwealth government lawyers and ASIC - consideration of whether fairness fits within framework and regulatory goals of corporate regulation.

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All authors are required to sign an author agreement prior to publication. Copyright in articles published in the Sydney Law Review is vested in the Sydney Law Review and its contributors. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act, no article or part may be reproduced by any process without written permission.

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