Juliette Overland

Photo of Juliette Overland

LLB (Hons 1) (QUT); PhD (ANU); Solicitor of the Supreme Courts of Queensland and New South Wales and the High Court of Australia
Associate Dean (Student Life); Associate Dean (Indigenous Strategy and Services); Associate Professor

Rm 5178
H70 - Abercrombie Building
The University of Sydney
NSW 2006 Australia


Bio

Associate Professor Juliette Overland is the Associate Dean (Student Life), the Associate Dean (Indigenous Strategy and Services) and an Associate Professor of Business Law. She holds a First Class Honours degree in Law, and a PhD from the College of Law of the Australian National University, where she completed her thesis on the regulation of corporate liability for insider trading. Juliette has extensive practical experience as a corporate lawyer, having worked in leading Australian law firms and as the Australian legal counsel for a global technology company.

Juliette is well-known for her work in corporate crime and corporate law, and she is recognised as a leading authority on the regulation of insider trading, having published widely in this area. Juliette’s book, ‘Corporate Liability for Insider Trading’, has recently been published by Routledge in the United Kingdom. She regularly provides advice on insider trading issues and has acted as an expert consultant in a number of insider trading cases.

Juliette is an enthusiastic and engaging teacher, combining her extensive practical experience with substantial theoretical knowledge of corporate and commercial law. She has received many teaching awards, including a number of Dean’s Citations for Outstanding Teaching, and she was the 2017 recipient of the prestigious Wayne Lonergan Outstanding Teaching Award.

Research Interests

Dr Juliette Overland’s research relates to corporate crime and corporate law, particularly the regulation of insider trading and misconduct within securities markets. Juliette is particularly interested in the intersection between corporate and criminal law, and her research examines issues concerning corporate liability for insider trading, the role of deterrence in sentencing convicted insider traders, and the relationship between insider trading and corporate governance. Juliette’s work is primarily focused on examining the efficacy of current regulatory obligations, proposing legal reforms to lead to better enforcement outcomes, and ensuring that the regulatory and governance obligations placed on business are effective and appropriate.

Juliette is currently the lead investigator undertaking a large research project, which is examining the views and experiences of senior executives in ASX200 companies concerning the inter-relationship between insider trading laws, securities trading policies and continuous disclosure obligations.

Juliette regularly engages with law reform and in December 2016 she was invited to appear at the Senate Economics References Committee public hearing for the Inquiry into Penalties for White Collar Crime to discuss her research in this area. The Committee’s subsequent report “Lifting the fear and suppressing the greed: Penalties for white-collar crime and corporate and financial misconduct in Australia” extensively cites Juliette’s work and endorses law reform recommendations which she detailed in her submission to the inquiry.

Selected publications

2019

Journal Article

Overland J (2019) Do Insider Trading Laws Need a Reboot? How Advances in Technology are Turning 'Outsiders' into 'Insiders' Australian Journal of Corporate Law, In Press.

Book

Overland J (2019) Corporate Liability for Insider Trading; Routledge, United Kingdom. [More Information]

Conference Proceeding

Overland J (2019) The Impact of Technological Change on Insider Trading Detection, Enforcement and Regulation Corporate Law Teachers Association Annual Conference, University of Auckland; Presentation, Auckland, New Zealand.

Book Chapter

Overland J (2019) Alternative Business Structures Business and the law 7th ed; Thomson Reuters (Professional) Australia Ltd., Sydney, 569-590.

2018

Journal Articles

Overland J (2018) Reforming Australian Insider Trading Laws: A New Model of Corporate Criminal Liability - Part 2 Australian Journal of Corporate Law, 33 (1), 1-9.

Overland J (2018) Making the most of a lost opportunity: Do civil penalty proceedings for insider trading need to be reformed? Australian Journal of Corporate Law, 33 (3), 364-378.

Conference Proceeding

Overland J (2018) Making the most of a lost opportunity: Does civil liability for insider trading need to be reformed? Corporate Law Teachers Association CLTA Annual Conference 2018; Corporate Law Teachers Association, Melbourne, Australia.

Book Chapter

Overland J (2018) The Concept of Attribution in Corporate Law: Making Corporations Liable for Criminal Conduct Corporate and Trust Structures: Legal and Illegal Dimensions; Australian Scholarly Publishing, Melbourne, 35-48.

2017

Journal Articles

Overland J (2017) Insider Trading, Materiality and the Reasonable Person: Who Must Be Influenced For Information To Have A "Material Effect"? Australian Business Law Review, 45 (3), 213-228.

Overland J (2017) Recent developments in Corporate Liability for Insider Trading: ASIC v Hochtief AG Company and Securities Law Journal, 35 (3), 204-209.

Overland J (2017) Reforming Australian Insider Trading Laws: A New Model of Corporate Criminal Liability - Part 1 Australian Journal of Corporate Law, 32 (3), 314-332.

Conference Proceeding

Overland J (2017) Insider Trading and Technology Markets, Misconduct and the Technological Age; The University of Sydney Business School, Sydney, Australia.

Reports

Overland J (2017) Submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into Whistleblower Protections in the Corporate, Public and Not for Profit Sectors.

Overland J (2017) Submission to the ASIC Enforcement Review Taskforce on the Positions and Consultation Paper relating to ASIC's Access to Telecommunications Intercept Material.

Overland J (2017) Submission to the ASIC Enforcement Review Taskforce on the Positions Paper "Strengthening Penalties for Corporate and Financial Sector Misconduct".

2016

Journal Article

Overland J (2016) Re-evaluating the elements of the insider trading offence: Should there be a requirement for the possession of inside information? Australian Business Law Review, 44 (4), 1-12.

Book Chapter

Overland J (2016) Alternative Business Structures Business and the law: 6th Edition; Thomson Reuters, Sydney, 593-614.

2015

Journal Article

Overland J (2015) Insider Trading, General Deterrence and the Penalties for Corporate Crime Company and Securities Law Journal, 33 (5), 317-331.

Report

Overland J (2015) Consultation paper: ASX on the ASX Listing Rules Guidance Note 8 on Continuous Disclosure: Listing Rules 3.1-3.1B.

2014

Journal Article

Overland J (2014) The possession and materiality of information in insider trading cases Company and Securities Law Journal, 32, 353-361.

Book Chapter

Overland J (2014) Corporate Social Responsibility Reporting and Directors' Duties: The Australian Experience Corporate Social Responsibility in the Global Business World; Springer-Verlag, Heidelberg, 135-152. [More Information]

Newspaper Article

Overland J (2014) ASIC and the public need to know why Financial Review .

Report

Bondfield B, and Overland J (2014) Submission to the Commonwealth Treasury on the Cessation of the Corporations and Markets Advisory Committee.

2013

Journal Articles

Overland J (2013) Will John Gay's sentence for insider trading really deter others? The Conversation, 1-3.

Overland J (2013) What Is Inside 'Information'? Clarifying The Ambit Of Insider Trading Laws Company and Securities Law Journal, 31 (3), 189-203.

Overland J (2013) Insider trading gets more scrutiny, but convictions may not flow The Conversation, 1-3.

2012

Journal Articles

Overland J (2012) Book Review - The Global Financial Crisis: Triggers, Responses and Aftermath International Journal of Trade and Commerce - IIARTC, 1 (1), 162-162.

Overland J, and Li K (2012) Room for improvement: Insider trading and Chinese walls Australian Business Law Review, 40 (4), 223-240.

2011

Journal Articles

Overland J (2011) Charges against former Gunns boss John Gay may test Insider Trading laws The Conversation, 1-3.

Overland J (2011) All in All, Just Another Brick in the Wall: The Use of Chinese Walls as a Defence to Insider Trading Journal of Applied Research in Accounting and Finance, 6 (2), 2-15.

Overland J (2011) Hanlong Insider Trading case will test ASIC's resolve The Conversation, 1-4.

Book

Alam S, Klein N, and Overland J (2011) Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order; Routledge imprint of Taylor & Francis, London & New York. [More Information]

Book Chapters

Alam S, Klein N, and Overland J (2011) Achieving social and environmental justice through the many dimensions of globalisation: An elusive or achievable quest? Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order; Routledge imprint of Taylor & Francis, London & New York, 1-10. [More Information]

Overland J (2011) A multi-faceted journey: Globalisation, transnational corporations and corporate social responsibility Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order; Routledge imprint of Taylor & Francis, London & New York, 130-143.

Reports

Overland J (2011) Submission to the New South Wales Law Reform Commission on the Cheating at Gambling Consultation Paper.

Overland J (2011) Submission to the Parliamentary Joint Select Committee on Gambling Reform on the Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures) Bill 2011.

2010

Journal Article

Overland J (2010) Corporate liability for insider trading: How does a company have the necessary 'mens rea'? Australian Journal of Corporate Law, 24 (3), 266-281.

Book

Overland J (2010) The Many Aspects of Market Integrity; Australian Scholarly Publishing, Melbourne, Australia.

Book Chapters

Overland J (2010) Insider Trading as an Aspect of Market Integrity The Many Aspects of Market Integrity; Australian Scholarly Publishing, Melbourne, Australia, 69-88.

Overland J (2010) Corporate Social Responsibility in Context: The Case for Compulsory Sustainability Disclosure for Listed Public Companies in Australia? Corporate Social Responsibility: Expanding Contours; ICFAI University Press, India, 151-177.

Report

Overland J (2010) Submission to the Commonwealth Treasury on the Corporations Amendment (No 1) Bill 2010.

2009

Journal Articles

Overland J (2009) Liability for Insider Trading: Learning Lessons from Australia International Journal of Private Law, 2 (1), 62-75.

Overland J (2009) The Insider Trading Implications of Directors' Margin Loans Journal of Law and Financial Management, 8 (1), 20-26.

Book Chapter

Overland J (2009) Definitions of "company", "corporation" and "insider trading" Oxford Legal Dictionary; Oxford University Press, Oxford, United Kingdom.

Report

Overland J (2009) Submission to the Corporations and Markets Advisory Committee on Aspects of Market Integrity Issues Paper.

2008

Journal Articles

Overland J (2008) Towards Better Deterrence of Securities Fraud: Promoting Consistency in Sentencing Insider Traders Macquarie Journal of Business Law, 5, 191-224.

Overland J (2008) Towards Better Deterrence of Securities Fraud: Consistency in Sentencing Insider Traders Macquarie Journal of Business Law, 5, 191-224.

Overland J (2008) Sustainability Disclosure and Corporate Social Responsibility: The Australian Experience FSR Forum, 4.

Overland J (2008) Book Review: Varieties of Capitalism, Corporate Governance and Employees UNSW Law Journal, 31 (3), 965-968.

2007

Journal Articles

Alam S, Klein N, and Overland J (2007) Editor's Note: Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order Macquarie Law Journal, 7, 1-4.

Overland J (2007) Good Corporate Citizenship Australian Corporate News.

Overland J (2007) Back to the Future? The Impact of Financial Services Reform on Insider Trading in Australia Macquarie Journal of Business Law, 4, 179-195.

Overland J (2007) ASIC v Citigroup: Insider Trading Australian Corporate News.

Overland J (2007) ASIC v Citigroup: Fiduciary Duties and Conflicts of Interest Australian Corporate News.

Overland J (2007) Corporate Social Responsibility in Context: The Case for Compulsory Sustainability Disclosure for Listed Public Companies in Australia? Macquarie Journal of International and Comparative Environmental Law, 4 (2), 1-22.

Book Chapter

Overland J (2007) The Future of Insider Trading in Australia Insider Trading: Regulatory Perspectives; ICFAI University Press, India, 131-158.

Reports

Overland J (2007) Submission to the Australian Stock Exchange on the 2 November 2006 ASX Corporate Governance Council’s Explanatory Paper and Exposure Draft on the Principles of Good Corporate Governance and Best Practice Recommendations.

Overland J (2007) Submission to the Commonwealth Treasury on the 2 March 2007 Insider Trading Consultation and Position Paper.

2006

Journal Articles

Overland J (2006) Book review: The Law of Insider Trading in Australia Company and Securities Law Journal, 24, 65-66.

Overland J (2006) Two Steps Forward, One Step Back: Assessing Recent Developments in the Fight Against Insider Trading Company and Securities Law Journal, 24, 207-222.

Overland J (2006) There Was Movement at the Station for the Word had Passed Around: How Does a Company Possess Inside Information under Australian Insider Trading Laws? Macquarie Journal of Business Law, 3, 241-257.

Newspaper Article

Overland J (2006) Citi case shows need for reform The Australian .

Report

Overland J (2006) Submission to the Corporations and Markets Advisory Committee on its November 2005 Corporate Social Responsibility Discussion Paper.

2005

Journal Articles

Overland J (2005) Insider trading law and the Steve Vizard case Macquarie University News, 14.

Overland J (2005) The Future of Insider Trading in Australia: What did Rene Rivkin Teach Us? Deakin Law Review, 10 (2), 708-730.

Selected grants

Recent Units Taught

  • CLAW2201 Corporations Law

  • CLAW3208 Corporate Crime and Business

Newsroom articles

  • ASIC to appeal Justice Nye Perram's Westpac responsible lending judgment 10 Sep 2019

    ABC News

    ABC Online quoted Associate Professor Juliette Overland from the Business School about ASIC appealing against a federal court ruling in favour of Westpac regarding the bank’s automated home loan approval process.

  • ASIC and the public need to know why 06 Feb 2014

    Australian Financial Review

    Juliette Overland outlines the David Jones share trading matter that has caused much controversy recently and the significant attention on the Australian Securities and Investments Commission's decision not to take action against two directors in an opinion piece she authored.

  • Juliette Overland on ABC Radio National 07 Jun 2018

    ABC Radio National

    Juliette Overland was interviewed on ABC Radio National about the banking Royal Commission.

  • Finance with Michael Janda 28 May 2018

    ABC Radio National

    ABC Radio National interviewed Associate Professor Juliette Overland on a court finding Westpac acted unconscionably but didn’t rig interest rates.

  • Westpac engaged in unconscionable conduct but failed to rig BBSW interest rate, court finds 24 May 2018

    ABC (Online)

    ABC (Online) interviewed Associate Professor Juliette Overland on a court finding Westpac acted unconscionably but didn’t rig interest rates.

See all Newsroom items for Juliette Overland

Videos

Research by Dr Juliette Overland highlights the way that insider trading is changing as a result of technological developments which have altered the way that people communicate and access information.

1:58 Play video   Watch on YouTube


Following the ASIC investigation of share trading by David Jones' directors, Juliette discusses the need for every publicly listed company to consider the circumstances in which directors can buy or sell shares.

1:45 mins Play video   Watch on YouTube


Juliette Overland from the Discipline of Business Law discusses the recent Hanlong Mining insider trading case and the challenges it poses for ASIC.

1:20 mins Play video   Watch on YouTube


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