Overview
Background
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. Dr Comino's recent articles have addressed important topics in the corporations law area. Those topics include the difficulties facing the use of civil penalties by calling for Parliament to pass legislation to resolve procedural obstacles, 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 and the possibilities and limits of the use of 'corporate culture' as a regulatory mechanism. 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 increasingly under the microscope. This is in view of its mixed record of success in some highly publicised cases and a seemingly endless procession of corporate and financial scandals, such as those 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 Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. Her book also consolidates her position as a leading Australian researcher on corporate regulation, with her work cited in the Final Report of the Banking Royal Commission and reports of the Australian Law Reform Commission on Corporate Criminal Responsibility. 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), and is a Fellow of the Australian Centre for Private Law (UQ).
Availability
- Dr Vicky Comino is:
- Available for supervision
- Media expert
Fields of research
Qualifications
- Bachelor of Arts, The University of Queensland
- Bachelor (Honours) of Law, The University of Queensland
- Masters (Coursework) of Law, The University of Queensland
- Doctor of Philosophy, The University of Queensland
Research interests
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Corporate law
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Directors duties
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Regulation of corporate misconduct and corporate crime
Research impacts
With the 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. It will also analyse measures that seek to drive cultural change in organisations. These include the embedding of ASIC supervisors in the major Australian banks (what became known as the Close and Continuous Monitoring Program), BEAR and the use of ‘new’ tools, such as enforceable undertakings, which before the Banking Royal Commission had become ASIC's regulatory 'tool of choice' in dealing with financial services misconduct, as well as 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 Banking Royal Commission Final Report http://classic.austlii.edu.au/au/journals/UNSWLawJl/2014/7.html and http://classic.austlii.edu.au/au/journals/UQLRS/2009/3.html
Works
Search Professor Vicky Comino’s works on UQ eSpace
Featured
2021
Journal Article
'Corporate Culture' is the 'New Black' - Its Possibilibilities and Limits as a Regulatory Tool for Corporations and Financial Institutions?
Comino, Vicky (2021). 'Corporate Culture' is the 'New Black' - Its Possibilibilities and Limits as a Regulatory Tool for Corporations and Financial Institutions?. University of New South Wales Law Journal, 44 (1), 295-325.
Featured
2018
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.
Featured
2015
Book
Australia's "company law watchdog" : ASIC and corporate regulation
Comino, Vicky (2015). Australia's "company law watchdog" : ASIC and corporate regulation. Pyrmont, NSW, Australia: Thomson Reuters (Professional) Australia.
Featured
2014
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.
Featured
2014
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.
Featured
2009
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.
2024
Book Chapter
'Corporate Culture' is The Problem, but Can It Be Regulated?'
Comino, Vicky (2024). 'Corporate Culture' is The Problem, but Can It Be Regulated?'. Evil Corporations: Law, Culpability and Regulation. (pp. 258-272) Abingdon, Oxon United Kingdom: Routledge. doi: 10.4324/9781003402534-21
2024
Conference Publication
Thirty years on - ASIC, civil penalties and public interest enforcement
Comino, Vicky (2024). Thirty years on - ASIC, civil penalties and public interest enforcement. Society of Corporate Law Academics Conference- Shifting Connections Between the Corporation and Society, Sydney, NSW, Australia, 4-6 February 2024.
2023
Other Outputs
Not too big to fail: inside the Ralan Group collapse
Burnett, Clare and Comino, Vicky (2023, 11 23). Not too big to fail: inside the Ralan Group collapse The Urban Developer
2023
Other Outputs
Qantas directors in shareholders' sights at AGM over big payout to Alan Joyce
Comino, Vicky and Ironside, Robyn (2023, 11 03). Qantas directors in shareholders' sights at AGM over big payout to Alan Joyce The Australian
2023
Conference Publication
ASIC and civil penalties - 30 years on: Is it 'fit for purpose'?
Comino, Vicky (2023). ASIC and civil penalties - 30 years on: Is it 'fit for purpose'?. Enhancing Corporate Accountability, Prato, Italy, 4-5 September 2023.
2023
Book Chapter
Civil penalties, company directors and penalty privilege
Comino, Vicky (2023). Civil penalties, company directors and penalty privilege. The law of civil penalties. (pp. 150-163) edited by Deniz Kayis, Eloise Gluer and Samuel Walpole. Alexandria, NSW Australia: The Federation Press.
2022
Conference Publication
Corporate culture' is the problem, but can it be regulated?
Comino, Vicky (2022). Corporate culture' is the problem, but can it be regulated?. Evil Corporations Symposium, Sydney, NSW Australia, 12-13 December 2022.
2022
Conference Publication
'Culture' is Key: Insights and lessons from the banking and gaming sectors
Comino, Vicky (2022). 'Culture' is Key: Insights and lessons from the banking and gaming sectors. Transforming the Future: Building Trustworthy and Ethical Organisations: The University of Queensland Business School's Trust, Ethics & Governance Alliance (TEGA) 2022 Summit, Brisbane, QLD Australia, 11 May 2022. Brisbane, QLD Australia: The University of Queensland.
2021
Journal Article
"Culture" is key: an analysis of culture-focused techniques and tools in the regulation of corporations and financial institutions
Comino, Vicky (2021). "Culture" is key: an analysis of culture-focused techniques and tools in the regulation of corporations and financial institutions. Australian Business Law Review, 49 (1), 6-25.
2021
Conference Publication
Regulating for a culture of high reliability
Comino, Vicky (2021). Regulating for a culture of high reliability. High Reliability Organisations Forum, Brisbane, QLD Australia, 25 March 2021. Brisbane, QLD Australia: The University of Queensland.
2021
Conference Publication
Rethinking Corporate Regulation in Australia
Comino, Vicky (2021). Rethinking Corporate Regulation in Australia. 2021 Corporate Law Teachers' Association Conference, Sydney, Australia, 7-9 February 2021. Sydney, NSW, Australia:
2020
Journal Article
Life after the Banking Royal Commission: Is the Royal Commission a 'game-changer' for the financial services sector in Australia?
Comino, Vicky (2020). Life after the Banking Royal Commission: Is the Royal Commission a 'game-changer' for the financial services sector in Australia?. Australian Journal of Corporate Law, 35, 381-406.
2020
Conference Publication
Life after Hayne - the financial services sector and the future of enforcement for Australian regulators
Comino, Vicky (2020). Life after Hayne - the financial services sector and the future of enforcement for Australian regulators. 20/20 Hindsight: Reflections on Perceptions of Trust in Corporations, Melbourne, VIC Australia, 2-4 February 2020. Adelaide, SA Australia: Corporate Law Teachers' Association.
2019
Other Outputs
Banks put on hold separation plans as royal commission, upcoming poll shake landscape
Myer, Rod and Comino, Vicky (2019, 03 25). Banks put on hold separation plans as royal commission, upcoming poll shake landscape The New Daily 1-2.
Funding
Past funding
Supervision
Availability
- Dr Vicky Comino is:
- Available for supervision
Before you email them, read our advice on how to contact a supervisor.
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.
- With the seemingly never-ending succession of corporate and financial scandals in Australia, whether the Australian Securities and Investments Commission (ASIC) is an effective regulator has come under growing scrutiny and been the subject of several parliamentary inquiries. Is ASIC ‘fit for purpose’ and/or can or should it survive in its present form?
- A consideration of recent corporate governance failures, such as with Crown Resorts and The Star Entertainment in the gaming industry and more recently, the PWC tax scandal.
- ‘Flawed’ corporate cultures have been identified as a major contributor to the appalling conduct that led to the Global Financial Crisis and misconduct since (e.g., of Australia’s leading banks exposed during the course of the recent Banking Royal Commission). However, whether ‘culture’ can be regulated or used as a tool, e.g., in criminal prosecutions, remains a hotly debated question that deserves further scholarly attention.
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
Supervision history
Current supervision
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Doctor Philosophy
An Australian Approach to Conduct Regulation and the Supervision of Culture in Banks
Principal Advisor
Other advisors: Associate Professor David Morrison
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Doctor Philosophy
The Board's role in innovation in the for-purpose sector
Associate Advisor
Media
Enquiries
Contact Dr Vicky Comino directly for media enquiries about:
- Banking royal commission
- Corporate crime
- Corporate goveranance
- Corporate wrongdoing, corruption
- Corporations law
- Directors' duties
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