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ARTICLE · 29 APRIL 2021

ASIC's Latest Enforcement Update Continues To Reflect An Assertive Enforcement Approach

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The report reveals a record number of court filings and monetary penalties and confirms a continued focus on COVID-19-related issues going forward.

AustraliaFinance and Banking

The report reveals a record number of court filings and monetary penalties and confirms a continued focus on COVID-19-related issues going forward.

On 16 April 2021, the Australian Securities and Investments Commission ("ASIC") released its enforcement update report for July to December 2020. The report demonstrates ASIC's continued focus on litigation as its primary enforcement tool.

The report records that, in the second half of 2020, ASIC's civil penalty proceeding filings increased by 64% compared to 2018. A total of $159.8 million in civil penalties was imposed by courts across the relevant period, including the two largest-ever civil penalty outcomes ($75 million and $57.5 million, respectively) for financial services and market misconduct. There was a 36% increase in criminal proceeding filings compared to 2018, with 194 criminal charges laid and 27 individuals charged. In addition, 107 investigations were commenced, with 211 investigations remaining

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