Dr Michelle Welsh - Researcher Profile

Michelle Welsh

Address

Department of Business Law and Taxation
Monash University, Caulfield

Contact Details

Tel: +61 3 990 32050

Email: Michelle.Welsh@monash.edu


Biography

Michelle Welsh is a senior lecturer and the director of the Workplace and Corporate Law Research Group in the Department of Business Law and Taxation.

Michelle undertakes research and supervision in the area of corporate law, corporate regulation, enforcement and compliance.

Michelle has published her research in leading Australian corporate law journals and a number of international journals. Michelle's PhD thesis, concerning Civil Penalties under the Corporations Act was awarded the Melbourne University Law Faculty prize for the top PhD thesis in 2009.

Michelle has been invited to present her research at national and international workshops and conferences including the Hartnell Colloquium at the ANU in 2011 and the Fairness in Financial Services Workshop at UBC in Vancouver in 2012. 

She has presented seminars by invitation at the Australian Securities and Investments Commission, the University of Michigan, the Law Society of Hong Kong, the Hong Kong Institute of Chartered Secretaries and the Hong Kong Securities and Futures Commission. Michelle participated in the Australian Department of Treasury’s Review of Sanctions in Corporate Law in 2007.

 

Keywords

Corporate law, corporate regulation, enforcement and compliance

Qualifications

DOCTOR OF PHILOSOPHY
Institution: Melbourne University
Year awarded: 2009
MASTER OF LAWS
Institution: Monash University
Year awarded: 2005
BACHELOR OF LAWS
Institution: Monash University
Year awarded: 1991
BACHELOR OF ARTS
Institution: Monash University
Year awarded: 1990

Publications

Books

Lipton, P., Herzberg, A., Welsh, M.A., 2010, Understanding Company Law, Lawbook Co, Pyrmont NSW Australia.

Book Chapters

Welsh, M., 2011, The politics of civil and criminal enforcement regimes, in Handbook on the Politics of Regulation, eds David Levi-Faur, Edward Elgar Publishing, Cheltenham UK, pp. 311-321.

Journal Articles

Anderson, H.L., Gahan, P., Mitchell, R., Ramsay, I.M., Welsh, M.A., 2012, Investor and worker protection in Australia: A longitudinal analysis, The Sydney Law Review [P], vol 34, issue 3, Lawbook Co, Rozelle NSW Australia, pp. 573-585.

Welsh, M.A., 2012, New sanctions and increased enforcement activity in Australian corporate law: Impact and implications, Common Law World Review [P], vol 41, issue 2, Vathek Publishing, Dalby UK, pp. 134-166. View Publication

Anderson, H.L., Welsh, M.A., Ramsay, I.M., Gahan, P., 2012, Shareholder and creditor protection in Australia: A leximetric analysis, Company and Securities Law Journal [P], vol 30, issue 6, Lawbook Co, Rozelle NSW Australia, pp. 366-390.

Anderson, H.L., Welsh, M.A., Ramsay, I.M., Gahan, P., 2012, The evolution of shareholder and creditor protection in Australia: An international comparison, International and Comparative Law Quarterly [P], vol 61, issue 1, Cambridge University Press, Cambridge UK, pp. 171-207. View Publication

Jones, R., Welsh, M.A., 2012, Toward a public enforcement model for directors' duty of oversight, Vanderbilt Journal of Transnational Law [P], vol 45, issue 2, Vanderbilt University Law School, Nashville USA, pp. 343-403. View Publication

Pascoe, J., Welsh, M., 2011, Whistleblowing, ethics and corporate culture: Theory and practice in Australia, Common Law World Review [P], vol 40, issue 2, Vathek Publishing, UK, pp. 144-173. View Publication

Welsh, M., 2009, Civil penalties and responsive regulation: The gap between theory and practice, Melbourne University Law Review [P], vol 33, issue 3, Melbourne University Law Review Association Inc, Melbourne Vic Australia, pp. 908-933.

Welsh, M.A., 2009, Continuous disclosure: Testing the correspondence between state enforcement and compliance, Australian Journal of Corporate Law [P], vol 23, issue 3, LexisNexis Butterworths, Chatswood NSW Australia, pp. 206-232.

Welsh, M.A., 2009, The regulatory dilemma: The choice between overlapping criminal sanctions and civil penalties for contraventions of the directors' duty provisions, Company and Securities Law Journal [P], vol 27, issue 6, Lawbook Co., Rozelle NSW Australia, pp. 370-388.

Welsh, M.A., 2008, Civil penalty orders: Assessing the appropriate length and quantum of disqualification and pecuniary penalty orders, Australian Bar Review, vol 31, issue 1, LexisNexis Butterworths, Chatswood NSW Australia, pp. 96-127.

Welsh, M.A., 2007, Enforcing contraventions of the continuous disclosure provisions: Civil or administrative penalties, Company and Securities Law Journal, vol 25, issue 5, Thomson Lawbook Co., Australia, pp. 315-334.

Welsh, M.A., 2007, Thou shalt disclose (or else...), Keeping Good Companies, vol 59, issue 9, Chartered Secretaries Australia Ltd, Australia, pp. 531-534.

Welsh, M.A., Anderson, H.L., 2006, Directors' personal liability for corporate fault: An alternative model, Adelaide Law Review, vol 26, issue 2, Adelaide Law Review Association, Adelaide SA Australia, pp. 299-326.

Welsh, M.A., 2005, Adler, Whitlam, Elliott and others: judicial interpretation of the civil penalty provisions of the Corporations Act 2001 (Cth), Australian Journal of Corporate Law, vol 18, issue 3, Lexis Nexis Butterworths, Chatswood NSW Australia, pp. 243-262.

Welsh, M.A., 2004, ASIC, civil penalties and compensation orders under the Corporations Act 2001, Commercial Law Quarterly, vol 17, issue 4, commercial Law Association of Australia, Sydney NSW Australia, pp. 13-28.

Welsh, M.A., 2004, Eleven years on - an examination of ASIC's use of an expanding civil penalty regime, Australian Journal of Corporate Law, vol 17, issue 2, LexisNexis Butterworths, Sydney NSW Australia, pp. 175-195.

Welsh, M.A., 2003, ASIC, civil penalties and compensation orders under the Corporations Act 2001, Commercial Law Quarterly, vol 17, issue 4, Commercial Law Association of Australia Ltd, Sydney NSW Australia, pp. 13-28.

Welsh, M.A., 2003, The Corporations Act financial assistance provisions offer limited assistance to creditors, Commercial Law Quarterly, vol 17, issue 1, Commercial Law Association of Australia Ltd, Sydney NSW Australia, pp. 3-14.

Welsh, M., 2001, Corporate Law Enforcement: are Civil Penalty Provisions Acceptable?, Current Commercial Law, vol 8, Thomson Legal and Regulatory Group, Rozelle NSW Australia, pp. 1-11. View Publication

Welsh, M.A., 2000, The Corporations Law civil penalty provisions and the lessons that can be learnt from the Trade Practices Act 1974, Australian Journal of Corporate Law, vol 11, issue 3, LexisNexis Butterworths, Australia, pp. 298-307.

Welsh, M., 1999, The Civil Penalty Provisions and the CLERP Bill 1988, Current Commercial Law, vol 6 no 3, LBC, Sydney NSW Australia, pp. 89-101.

Postgraduate Research Supervisions

Current Supervision

Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Measuring the correspondence between legislative change and disclosure of corporate risk factors.
Supervisors:
Welsh, M (Main), Serpell, A (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Roles and regulatory responsibilities of independent directors: a comparative study between Australian and Malaysia.
Supervisors:
Welsh, M (Main), Mitchell, R (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
To vote or not to vote? An examination of the effectiveness of shareholder voting on executive remuneration in Australia.
Supervisors:
Welsh, M (Main), Herzberg, A (Associate), Shi, C (Associate).