Senior Lecturer
Overview
Dr Vicky Comino is a Senior Lecturer at the TC Beirne School of Law at The University of Queensland. Dr Comino's main research area is corporate law, and in particular the regulation of corporate misconduct. Before commencing an academic career, she practised as a solicitor working at a top tier law firm in the fields of corporate law, leasing, commercial and residential conveyancing, strata development, securities and opinion work. Over the years, Dr Comino has worked voluntarily for Legal Aid, South Brisbane Immigration & Community Legal Service, Women's Equal Opportunity (WEO) and Justice and the Law Society (JATL) (UQ). She has also served on numerous committees, most recently as the chair of a major Queensland Law Society accreditation committee for the accreditation of lawyers as Business Law Specialists and is on the executive of the Australian Corporate Law Teachers' Association, whose 'community' of corporate law scholars meets at least once a year in a highly regarded conference. Dr Comino's recent articles have addressed important topics in the corporations law area, particularly the difficulties facing the use of civil penalties by calling for Parliament to pass legislation to resolve procedural obstacles and the adequacy of ASIC's 'tool-kit' to deal with corporate and financial wrongdoing, including the deployment of 'new' enforcement tools, such as enforceable undertakings. Her 2015 monograph Australia's "Company Law Watchdog" – ASIC and Corporate Regulation, which focuses on exploring how, and to what extent, a public authority like ASIC can achieve more effective regulation certainly comes at a time when ASIC's performance is under the microscope. This is in view of its mixed record of success in some highly publicised cases and a string of high profile scandals that engulfed the major Australian banks, prompting not only a number of parliamentary inquiries into ASIC's performance and capabilities, but the establishment of the Hayne Royal Commission into the banking sector. Her book also consolidates her position as a leading Australian researcher on corporate regulation. Dr Comino's research has global relevance and she has extended her work beyond Australia to evaluate international developments, especially in the US and the UK. She is examining the different responses of regulators to the dilemmas presented by policing corporate and securities violations in the aftermath of, and since, the GFC to try to resolve the issue of how policy-makers and regulators should deal with corporate wrongdoing more effectively in the future. She also travelled to the UK in 2018 after being awarded a Liberty Fellowship from the University of Leeds to undertake collaborative work comparing corporate regulation there and in Australia. Dr Comino holds the degrees of BA, LLB (Hons), LLM and PhD (UQ).
Research Interests
- Corporate law
- Directors duties
- Regulation of corporate misconduct and corporate crime
Research Impacts
With the Hayne Banking Royal Commission turning the spotlight on systemic and extensive misconduct by banks encouraged and enabled by poor culture, my current research explores the extent to which corporate culture can be used as a regulatory tool. In particular, it will analyse measures that seek to drive cultural change in organisations. These include the embedding of ASIC supervisors in the major Australian banks, BEAR and the increasing use of ‘new’ tools, such as enforceable undertakings, which are being deployed in Australia and deferred prosecution agreements, which are used in the US and UK. In addition to developing recommendations for Australia, by evaluating developments overseas, the research has global significance in seeking policy solutions on how we can deal with corporate misconduct more effectively.
Dr Vicky Comino's research cited in the Hayne Royal Commission final report on banking http://classic.austlii.edu.au/au/journals/UNSWLawJl/2014/7.html and http://classic.austlii.edu.au/au/journals/UQLRS/2009/3.html
Qualifications
- Doctor of Philosophy, The University of Queensland
- Master of Laws, The University of Queensland
- Bachelor of Laws (Honours), The University of Queensland
- Bachelor of Arts, The University of Queensland
Publications
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Journal Article: The GFC and beyond – how do we deal with corporate misconduct?
Comino, Vicky G. (2018) The GFC and beyond – how do we deal with corporate misconduct?. The Journal of Business Law, 15-39.
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Book: Australia's "company law watchdog" : ASIC and corporate regulation
Comino, Vicky Australia's "company law watchdog" : ASIC and corporate regulation. Pyrmont, NSW, Australia: Thomson Reuters (Professional) Australia, 2015.
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Journal Article: Australia's "Company Law Watchdog": the Australian Securities and Investments Commission and the civil penalties regime
Comino, Vicky (2014) Australia's "Company Law Watchdog": the Australian Securities and Investments Commission and the civil penalties regime. Journal of Business Law, 2014 3: 228-251.
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Journal Article: James Hardie and the problems of the Australian civil penalties regime
Comino, Vicky (2014) James Hardie and the problems of the Australian civil penalties regime. University of New South Wales Law Journal, 37 1: 195-230.
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Journal Article: Effective regulation by the Australian Securities and Investments Commission: The civil penalty problem
Comino, Vicky (2009) Effective regulation by the Australian Securities and Investments Commission: The civil penalty problem. Melbourne University Law Review, 33 3: 802-832.
Supervision
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The unitary implementation of corporate governance in Australia and its continuing relevance and fitness for purpose.
Doctor Philosophy
Available Projects
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Corporate Regulation and Governance
Critically examine developments and specific issues associated with corporate regulation and governance in Australia and abroad.
Potential topics could include:
- Comparative work with other jurisdictions: comparing Australia with, eg, the US, UK and EU, particularly the role of public enforcement of breaches of directors' duties.
- Theories of regulation and the future of regulation.
- The impact of the seemingly ever-expanding mandate of the Australian Securities and Investments Commission (ASIC) coupled with growth in the range and complexity of the financial products it has to regulate on ASIC's ability to be an effective regulator.
Dr Vicky Comino is a leading scholar on corporate regulation in Australia. She has published widely in this area. Her own PhD (2011) explored how, and to what extent, ASIC in its original and primary role as corporate regulator can achieve more effective regulation of the corporations legislation.
For further information contact Dr Vicky Comino, e: v.comino@law.uq.edu.au
Publications
Featured Publications
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The GFC and beyond – how do we deal with corporate misconduct?
Comino, Vicky G. (2018) The GFC and beyond – how do we deal with corporate misconduct?. The Journal of Business Law, 15-39.
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Australia's "company law watchdog" : ASIC and corporate regulation
Comino, Vicky Australia's "company law watchdog" : ASIC and corporate regulation. Pyrmont, NSW, Australia: Thomson Reuters (Professional) Australia, 2015.
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Comino, Vicky (2014) Australia's "Company Law Watchdog": the Australian Securities and Investments Commission and the civil penalties regime. Journal of Business Law, 2014 3: 228-251.
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James Hardie and the problems of the Australian civil penalties regime
Comino, Vicky (2014) James Hardie and the problems of the Australian civil penalties regime. University of New South Wales Law Journal, 37 1: 195-230.
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Comino, Vicky (2009) Effective regulation by the Australian Securities and Investments Commission: The civil penalty problem. Melbourne University Law Review, 33 3: 802-832.
Book
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Australia's "company law watchdog" : ASIC and corporate regulation
Comino, Vicky Australia's "company law watchdog" : ASIC and corporate regulation. Pyrmont, NSW, Australia: Thomson Reuters (Professional) Australia, 2015.
Journal Article
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Comino, Vicky (2018) Submission in response to the Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry :
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The GFC and beyond – how do we deal with corporate misconduct?
Comino, Vicky G. (2018) The GFC and beyond – how do we deal with corporate misconduct?. The Journal of Business Law, 15-39.
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Comino, Vicky G. (2016) Submission: Re Lifting the fear and suppressing the greed: Penalties for white-collar crime and corporate and financial misconduct – public consultation paper March 2016 Attorney-General's Department: Australian Government
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Comino, Vicky G. (2016) The adequacy of ASIC's 'tool-kit' to meet its obligations under corporations and financial services legislation. Company and Securities Law Journal, 34 5: 360-386.
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Comino, Vicky G. (2015) Submission: Re Proposed Industry Funding Model for the Australian Securities and Investments Commission to Treasury :
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Submission: Re A Capability Review of ASIC – public consultation paper July 2015
Comino, Vicky (2015) Submission: Re A Capability Review of ASIC – public consultation paper July 2015 Treasury: Australian Government
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Comino, Vicky (2014) Australia's "Company Law Watchdog": the Australian Securities and Investments Commission and the civil penalties regime. Journal of Business Law, 2014 3: 228-251.
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James Hardie and the problems of the Australian civil penalties regime
Comino, Vicky (2014) James Hardie and the problems of the Australian civil penalties regime. University of New South Wales Law Journal, 37 1: 195-230.
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Towards better corporate regulation in Australia
Comino, Vicky (2011) Towards better corporate regulation in Australia. Australian Journal of Corporate Law, 26 1: .
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Comino, Vicky (2009) Effective regulation by the Australian Securities and Investments Commission: The civil penalty problem. Melbourne University Law Review, 33 3: 802-832.
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The Challenge of Corporate Law Enforcement in Australia
Comino, Vicky G. (2009) The Challenge of Corporate Law Enforcement in Australia. Australian Journal of Corporate Law, 23 3: 233-265.
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At the crossroads - Civil or criminal sanctions for corporate misconduct?
Comino, V. G. (2007) At the crossroads - Civil or criminal sanctions for corporate misconduct?. Keeping Good Companies, 59 7: 435-440.
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The enforcement record of ASIC since the introduction of the civil penalty regime
Comino, V. G. (2007) The enforcement record of ASIC since the introduction of the civil penalty regime. Australian Journal of Corporate Law, 20 2: 183-213.
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Civil or criminal penalties for corporate misconduct: Which way ahead?
Comino, V G (2006) Civil or criminal penalties for corporate misconduct: Which way ahead?. Australian Business Law Review, 34 6: 428-446.
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High Court Relegates Strategic Regulation and Pyramidal Enforcement to Insignificance
Comino, V. G. (2005) High Court Relegates Strategic Regulation and Pyramidal Enforcement to Insignificance. Australian Journal of Corporate Law, 18 1: 48-67.
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The prosecution of corporations
Comino, Vicky (2005) The prosecution of corporations. The University of Queensland Law Journal, 24 1: 235-239.
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National Regulation of Corporate Crime
Vicky Comino (1997) National Regulation of Corporate Crime. Current Commercial Law, 5 84-97.
Conference Publication
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Comino, Vicky (2019). "Corporate Culture' - its Possibilities and Limits as Regulatory Mechanism for Corporations and Financial Institutions?. In: Dignity. 2019 Law and Society Conference, Washington DC, USA, (). 30 May - 2 June 2019.
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The use of 'corporate culture' as a regulatory tool for corporations and financial institutions?
Comino, Vicky (2019). The use of 'corporate culture' as a regulatory tool for corporations and financial institutions?. In: Possible Futures for the Company and for Corporate Law. The Corporate Law Teachers Conference - Possible Futures for the Company and for Corporate Law, Auckland, New Zealand, (). 3-5 February 2019.
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In the Aftermath of the GFC – How do we deal with Corporate Wrongdoing?
Comino, Vicky G. (2017). In the Aftermath of the GFC – How do we deal with Corporate Wrongdoing?. In: Europe Asia Conference, Positano, Italy, (). 25 June -2 July 2017.
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The GFC and Corporate Misconduct – Where to from here?
Comino, Vicky G. (2017). The GFC and Corporate Misconduct – Where to from here?. In: J. S. Ahluwalia, Corporate Ethics and Legal Compliance Management Systems in an Uncertain World. Global Convention on Corporate Ethics and Risk Management, Mumbai, India, (). 17-18 February 2017.
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Is ASIC's 'Tool-kit' Adequate for It to Effectively Deal with Corporate and Financial Wrongdoing?
Comino, Vicky G. (2016). Is ASIC's 'Tool-kit' Adequate for It to Effectively Deal with Corporate and Financial Wrongdoing?. In: Corporate Law Teachers' Conference, 'Enduring Issues In, and Reflections On, Corporate Law and Policy over the Past 25 Years', UNSW, (). February 2016.
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The GFC and Beyond, How Do We Deal with Corporate Misconduct?
Comino, Vicky G. (2016). The GFC and Beyond, How Do We Deal with Corporate Misconduct?. In: At the Delta: Belonging, Place and Visions of Law and Social Change, New Orleans, USA, (). 2-5 June.
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The James Hardie litigation: Further evidence of the need to reform the civil penalties regime?
Comino, Vicky G. (2013). The James Hardie litigation: Further evidence of the need to reform the civil penalties regime?. In: 2013 CLTA Conference, ANU, Canberra, (). 3-5 February 2013.
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The Challenge of Corporate Law Enforcement in Australia
Comino, Vicky G. (2009). The Challenge of Corporate Law Enforcement in Australia. In: Jason Harris, Raising Confidence in the Capital Markets through Gatekeeper Accountability: Lessons from the Credit Crunch. 2009 Corporate Law Teachers' Association Conference, Sydney, (1-51). 1-3 February 2009.
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ASIC and its enforcement record since the introduction of the civil penalty regime in 1993
Comino, V. G. (2007). ASIC and its enforcement record since the introduction of the civil penalty regime in 1993. In: du Plessis, J., Corporate Law and Corporate Governance: Stocktaking on Compliance and Enforcement. 2007 Corporate Law Teachers' Association Conference, Deakin University, Melbourne Campus, (). 4-6 February 2007.
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Civil or criminal penalties – which way ahead?
Comino, Vicky G. (2006). Civil or criminal penalties – which way ahead?. In: Gerald Acquaah-Gaisie and Val Clulow, Enhancing Corporate Accountability: Challenges and Prospects. 2006 Corporate Accountability Conference, Monash University, Melbourne, (). 8-9 February 2006.
Other Outputs
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Banks put on hold separation plans as royal commission, upcoming poll shake landscape
Myer, Rod and Comino, Vicky (2019, March 25). Banks put on hold separation plans as royal commission, upcoming poll shake landscape. The New Daily, p.1-2.
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Vertical integration will keep the banks growing and gouging
Myer, Rod and Comino, Vicky (2019, February 08). Vertical integration will keep the banks growing and gouging. The New Daily, p.1-2.
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Embedding regulators in banks can help change cultures of wrongdoing, despite the risks
Comino, Vicky (2018, August 08). Embedding regulators in banks can help change cultures of wrongdoing, despite the risks. The Conversation, .
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Restructuring alone won't clean up the banks' act
Comino, Vicky (2018, July 12). Restructuring alone won't clean up the banks' act. The Conversation, .
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ASIC hopes review will lead to expanded powers
Danckert, Sarah and Comino, Vicky (2015, July 24). ASIC hopes review will lead to expanded powers. The Sydney Morning Herald, .
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Comino, Vicky (2011). Australian Corporate Regulation: Theory and Practice – The Australian Securities and Investments Commission and the Regulation of Corporate Misconduct PhD Thesis, School of Law, The University of Queensland.
PhD and MPhil Supervision
Current Supervision
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The unitary implementation of corporate governance in Australia and its continuing relevance and fitness for purpose.
Doctor Philosophy — Associate Advisor
Other advisors:
Possible Research Projects
Note for students: The possible research projects listed on this page may not be comprehensive or up to date. Always feel free to contact the staff for more information, and also with your own research ideas.
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Corporate Regulation and Governance
Critically examine developments and specific issues associated with corporate regulation and governance in Australia and abroad.
Potential topics could include:
- Comparative work with other jurisdictions: comparing Australia with, eg, the US, UK and EU, particularly the role of public enforcement of breaches of directors' duties.
- Theories of regulation and the future of regulation.
- The impact of the seemingly ever-expanding mandate of the Australian Securities and Investments Commission (ASIC) coupled with growth in the range and complexity of the financial products it has to regulate on ASIC's ability to be an effective regulator.
Dr Vicky Comino is a leading scholar on corporate regulation in Australia. She has published widely in this area. Her own PhD (2011) explored how, and to what extent, ASIC in its original and primary role as corporate regulator can achieve more effective regulation of the corporations legislation.
For further information contact Dr Vicky Comino, e: v.comino@law.uq.edu.au
