Professor Dimity Anne Kingsford Smith

Dimity Kingsford Smith is a Professor in the Faculty of Law, UNSW.  For further information please see Professor Kingsford Smith's Faculty profile.

Profile Picture
Book Chapters

Kingsford Smith DA; Dixon O, 2018, 'What Next for the Financial Consumer? More Disclosure? Caveat Vendor? Or Fin-Tech Online?', in Handbook of Research on International Consumer Law, edn. 2nd Revised edition, Edward Elgar Publishing Ltd, http://dx.doi.org/10.4337/9781785368219.00020

Kingsford Smith DA; Dixon O, 2015, 'The Consumer Interest and the Financial Markets', in Maloney N; Ferran E; Payne J (ed.), The Oxford Handbook of Financial Regulation, OUP Oxford, Oxford, pp. 697 - 735

Kingsford Smith DA, 2013, 'Can There be a Fair Share? Fairness, Regulation and Financial Markets', in Sarra JP (ed.), An Exploration of Fairness - Interdisciplinary inquiries in law, science and the humanities, Carswell, Toronto, pp. 251 - 276

Smith DK, 2010, 'Financial services regulation and the investor as consumer', in Handbook of Research on International Consumer Law, pp. 431 - 481, http://dx.doi.org/10.4337/9781849806312.00020

Kingsford Smith DA, 2006, 'Importing the E-world into Canadian Securities Regulation', in Canada Steps Up, edn. Original, Task Force to Modernize Securities Legislation in Canada, Toronto, pp. 289 - 349

Kingsford Smith DA, 2003, 'Networks, Norms and the Nation State: Thoughts on Pluralism and Globalized Securities Regulation', in Dauvergne C (ed.), Jurisprudence for an Interconnected Globe, edn. Hardback, Ashgate, England, pp. 93 - 126

Kingsford Smith D, 1990, 'The Regulation of International Financial Intermediaries in the United Kingdom', in Kingsford Smith D (ed.), Current Developments in Banking and Finance, Sweet & Maxwell, pp. 89 - 119

Kingsford Smith D, 1982, 'Recent Developments in Electronic Banking in Britain', in Butler WE (ed.), Anglo-Polish Legal Essays, Transnational Publishers

Conference Papers

Kingsford Smith D, 2015, 'Suitable or Systemic? Regulating Financial Consumer Risk Using Product Intervention Powers', Corporate Law Teachers Association, Melbourne, presented at Corporate Law Teachers Association, Melbourne, 01 - 03 February 2015

Kingsford Smith D, 2015, 'Caveat Vendor and Product Intervention Powers', ASIC Forum, Sydney, presented at ASIC Forum, Sydney, 23 - 23 March 2015

Conference Presentations

Kingsford Smith D, 2015, 'The Consumer Interest: Product Intervention Powers and Fairness', presented at Superannuation Committee of the Law Council of Australia, 19 - 20 February 2015

Edited Books

Kingsford Smith D; Oliver D, (eds.), 1990, Economical with the Truth: The Law and the Media in a Democratic Society, ESC Publishing

Kingsford Smith D, (ed.), 1989, Current Developments in Banking and Finance, Sweet & Maxwell

Journal articles

Rogers J; Smith DK; Chellew J, 2017, 'THE LARGE PROFESSIONAL SERVICE FIRM: A NEW FORCE IN THE REGULATIVE BARGAIN', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 40, pp. 218 - 261, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000403358600010&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Kingsford Smith D, 2017, 'The Fairness Rationale for Consumer Advocacy in the Financial Sector', Company and Securities Law Journal, vol. 35, pp. 444 - 463

Smith DK; Clarke T; Rogers J, 2017, 'BANKING AND THE LIMITS OF PROFESSIONALISM', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 40, pp. 411 - 455, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000403358600016&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Kingsford Smith D, 2013, 'The Academy and the Profession: Making the Conversation More Fruitful', Australian Journal of Corporate Law, vol. 28, pp. 82 - 92

Kingsford Smith DA, 2012, 'Governing the Corporation: The Role of "Soft Regulation"', University of New South Wales Law Journal, vol. 35, pp. 378 - 403

Kingsford Smith DA, 2011, 'ASIC Regulation for the Investor as Consumer', Company and Securities Law Journal, vol. 29, pp. 327 - 354, http://legalonline.thomson.com.au.wwwproxy0.library.unsw.edu.au/jour/resultDetailed.jsp?curRequestedHref=journals/CSLJ/volumes/29/parts/5&contentSourceHref=journals/CSLJ/volumes/29/parts/5/articles/32

Kingsford Smith DA, 2011, 'A Harder Nut to Crack? Responsive Regulation in the Financial Services Sector', University of British Columbia Law Review, vol. 44, pp. 695 - 742, http://ubclawreview.ca/issues/vol-44-no-3-march-2011/

Williamson K; Smith DK, 2010, 'Empowered or vulnerable? the role of information for Australian online investors', Canadian Journal of Information and Library Science, vol. 34, pp. 39 - 81

Kingsford Smith DA, 2009, 'Regulating Risk: Individuals and the Global Financial Crisis', University of New South Wales Law Journal, vol. 32, pp. 514 - 546

Kingsford Smith DA, 2006, 'The Same Yet Different: Australian and United States Online Investing Regulation', The University of Toledo Law Review, vol. 37, pp. 461 - 495

Kingsford Smith DA, 2004, 'Beyond the Rule of Law? Decentred Regulation in Online Investment', Law and Policy, vol. 26, pp. 439 - 476, http://dx.doi.org/10.1111/j.1467-9930.2004.00186.x

Kingsford Smith D, 2004, 'Is Due Diligence Dead? Financial Services Disclosure under the Financial Services Reform Act 2001', Company and Securities Law Journal, vol. 22, pp. 128 - 150

Kingsford Smith DA; Williams K, 2004, 'How Do Online Investors Seek Information, And What Does This Mean for Regulation?', Journal of Information, Law and Technology, vol. 2, pp. 12

Kingsford Smith DA, 2004, 'Online Investing and the Online Consumer: State and Decentred Regulatory Responses', Law and Policy, vol. 26, pp. 371 - 374, http://dx.doi.org/10.1111/j.1467-9930.2004.00183.x

Kingsford Smith DA, 2002, 'What is Regulation? A Reply to Julia Black's Critical Reflections on Regulation', Australian Journal of Legal Philosophy, vol. 27, pp. 37 - 46

Kingsford Smith D, 2002, 'Between the Market and the State: Interpretation in the Public Interest, a Rejoinder to Whincop’s “Immanent Conservatism”', Sydney Law Review, vol. 22, pp. 287 - 296

Kingsford Smith D, 2001, 'Decentred Regulation in Online Investing', Company and Securities Law Journal, vol. 8, pp. 532 - 549

Smith DK, 2001, 'Superannuating the Second Sex: Law, Privatisation and Retirement Income', Modern Law Review, vol. 64, pp. 519 - 542, http://dx.doi.org/10.1111/1468-2230.00337

Kingsford Smith D, 2000, 'Who Knows Best? Review of Discretionary Powers in Superannuation Funds', Australian Business Law Review, vol. 28, pp. 428 - 442

Kingsford Smith D, 1999, 'Interpreting the Corporations Law: Purpose, Practical Reasoning and Public Policy', Sydney Law Review, vol. 21, pp. 161 - 201

Smiths DK, 1999, 'Studying modern corporations law in context', The Law Teacher, vol. 33, pp. 196 - 217, http://dx.doi.org/10.1080/03069400.1999.9993029

Kingsford Smith D, 1999, 'Promoting Certainty: Purposive Interpretation of the Corporations Law', Australian Company Secretary, vol. 51

Kingsford Smith D, 1998, 'Unveiling the Waterfront: The Corporate Veil, Director’s Duties and Voluntary Administration', Butterworths Corporations Law Bulletin, pp. 7 - 11

Kingsford Smith D, 1992, 'Regulation of the Promotion and Superannuation Investments in Australia', Australian Business Law Review, vol. 16, pp. 32 - 37

Kingsford Smith D, 1992, 'Life Insurance Linked Investment and the Trade Practices Act', Australian and New Zealand Institute of Insurance and Finance Journal, vol. 15, pp. 50 - 50

Kingsford Smith D, 1992, 'The ISC’s Administrative Guidelines for the Promotion and Sale of Life Insurance and Superannuation Bonds', Australian and New Zealand Institute of Insurance and Finance Journal, vol. 32, pp. 32 - 32

Kingsford Smith D, 1990, 'The Banker's Right to Compound Interest', Lloyd's Maritime and Commercial Law Quarterly, pp. 489 - 491

Media

Harris H; Free C; Kingsford Smith D, 2018, In defence of ASIC: there’s more to regulation than prosecution, https://theconversation.com/in-defence-of-asic-theres-more-to-regulation-than-prosecution-106239

Other

Harris H; Kingsford Smith D, 2018, Australia's Financial Regulatory Future: Structure, Enforcement & Legal Complexity, In CLMR, Submission in Response to the Interim Report of the Commission into Misconduct in the Banking, Superannuati, https://financialservices.royalcommission.gov.au/Submissions/Documents/interim-report-submissions/POL.9100.0001.1092.pdf

Kingsford Smith DA; Rogers J, 2017, Professions, Professional Standards Councils

Kingsford Smith DA; Rogers J, 2017, Professional Accountability

Kingsford Smith D, 2017, Submission to Treasury, Inquiry into Design and Distribution Obligations and Product Intervention Power

Kingsford Smith D, 2013, Submission No 153 to Senate Economic References Committee, Inquiry into the Performance of ASIC

Kingsford Smith D, 2011, Submission to Treasury, Inquiry into the Future of Financial Advice (FOFA) Exposure Draft of Legislation and Explanatory Memorandum

Kingsford Smith D; Healey D, 2006, Unfair Contract Terms in Consumer Terms in Consumer Contracts: Examples, Arguments and Recommendations from Online Investing - Submission No 29 to Legislative Council Standing Committee on Law and Jus

Reports

Nehme M; Anderson J; Dixon O; Kingsford Smith D, 2018, General Deterrence Effects of Enforceable Undertakings on Financial Services and Credit Providers, Australian Securities and Investments Commission, https://download.asic.gov.au/media/4916053/18-325mr-deterrence-effects-of-enforceable-undertakings-on-financial-services-and-credit-providers.pdf

Kingsford Smith DA; Nehme M, 2015, Product Intervention Powers: a Legal, Comparative and Policy Analysis, http://www.treasury.gov.au/~/media/Treasury/Consultations%20and%20Reviews/Consultations/2014/Financial%20System%20Inquiry%20Final%20Report/Submissions/PDF/Kingsford_Smith_Dimity

Kingsford Smith DA; Nehme M, 2015, Product Intervention Powers: A Legal, Comparative and Policy Analysis, Centre for Law Markets and Regulaton, Australian Securities and Investments Commission, https://clmr.unsw.edu.au/sites/default/files/product_intervention_powers_final_2April2015_Kingsford_Smith_and_Nehme.pdf

Kingsford Smith DA, 2014, A Submission for the Final Report Focusing on the Retail Investor and Financial Consumer, Commonwealth Treasury, Australia, http://fsi.gov.au/files/2014/09/Kingsford_Smith_Dimity.pdf

Kingsford Smith DA, 2014, The Interest of the ‘Financial Citizen, Commonwealth Treasury, Australia, http://fsi.gov.au/consultation/submissions20140520/

Kingsford Smith DA, 2014, Streamlining Amendments to Future of Financial Advice Reforms, Commonwealth Treasury, Australia

  • Financial regulation, corporations law, online investing regulation
  • Regulation of securities 
  • The development and operation of regulation, techniques and cultures of regulation, comparative financial regulation, especially in large financial institutions
  • Techniques of financial regulatory enforcement 
  • Professionalization in the financial sector 
  • Customer advocacy in the financial sector
Recent

Activities

25 Oct 2018
UNSW research finds ASIC contracts with financial services deter misconduct
Effectiveness of Enforceable Undertakings in the financial services industry has been studied for the first time.
16 Oct 2018
UNSW Law appoints new Chair to tackle corporate danger areas
Professor Dimity Kingsford Smith, a leading voice in corporate and financial regulation, has been named the inaugural MinterEllison Chair in Risk and Regulation at UNSW Sydney. The establishment of the Chair comes as national leadership is required to address the findings of the Financial Services Royal Commission.
06 Dec 2017
Don't expect a long line of victims to front royal commission: experts
Professor Dimity Kingsford Smith speaks to The Age, Melbourne (6 December 2017) about the royal commission into financial services led by former High Court judge Kenneth Haynes.
Opinion|19 Nov 2018
OPINION In defence of ASIC: there's more to regulation than prosecution
ASIC is under pressure to take every significant case to court. But that would delay justice and break its budget.
Thought leadership|11 Feb 2019
The question we are all asking: how will the royal commission report bring fairness to financial services?
There are five key areas where the imminent financial services royal commission final report can propose change to protect consumers from the abuses endemic in these industries. 
Opinion|06 Mar 2019
Culture, accountability and courts: UNSW Alumni event reveals why change in banking will take years
Law, business and banking experts on the UNSW Legal Hour panel said the significant findings of the banking royal commission would be met with a slow response.
Opinion|06 Feb 2019
Banks given a decade of work to change their culture and governance
Some of the big hits failed to materialise, but the banking royal commission final report still lays out serious challenges for the industry, say experts from the UNSW Centre for Law, Markets and Regulation.

Currently Teaching

Prof Dimity Kingsford Smith has taught the following courses in the Bachelor of Laws (LLB), Juris Doctor (JD) and Master of Laws (LLM) degrees:

  • Business Associations (Corporations Law)
  • Corporate Governance
  • Regulation of Financial Products and Markets
  • Regulation of On-line Investing