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APRA's revised Prudential Standard CPS 511 on remuneration frameworks and incentives for ADIs, superannuation funds and insurers
After 17 months of consultation and internal review, APRA has released its revised draft prudential standard on remuneration (CPS 511) seeking to regulate incentive structures across all APRA-regulated entities. ...
Federal court awards largest ever adverse action payout
A senior employee was awarded $5.2m after he was dismissed, with the Federal Court deciding his employer took adverse action against him and hence breached his employment contract. ...
Pandemic caused stoppage of work, says Federal Court in Qantas stand down dispute
The Federal Court has confirmed that government restrictions on travel and quarantine measures stemming from the COVID-19 pandemic caused a stoppage of work for the purpose of stand downs initiated by Qantas and Jetstar under their enterprise agreements. ...
Western Australia's WHS Act to introduce industrial manslaughter laws
Western Australia has joined the harmonised work health and safety (WHS) regime, in line with New South Wales, Queensland, South Australia, the Northern Territory and Tasmania. Victoria will continue to operate under a separate regime. The Work Health and Safety Act 2019 (WA) (the Act) passed through the Legislative Assembly on 3 November 2020. ...
Foreign influence – from education to enforcement
A heightened risk of foreign interference and a shift towards enforcement of the new foreign influence and interference legislation means it is now critical to consider any compliance risks your business may face. ...
Government introduces the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020
The government yesterday introduced into Parliament the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 to implement a large number of the Hayne Royal Commission recommendations. Many provisions have a start date of 1 January 2021, and some don't have a transition period. ...
Burger rivals in dispute with the lot
McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...
Copyright in the Aboriginal flag
A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...
Nucleus – corporate law developments: ASIC concludes stub equity consultation; FIRB amending legislation introduced; FIRB updates guidance on tax conditions; proposal to make electronic signing and virtual meetings permanent; and other corporate law developments
ASIC concludes position on use of stub equity in control transactions; ASX extends emergency class waivers and clarifies ability to ratify use of additional placement capacity; FIRB amending legislation introduced to Parliament; FIRB updates guidance on tax conditions; ACCC to examine competition in mobile apps; Fair Work Commission extends temporary COVID-19 flexibilities in 99 modern awards; Federal Government proposes to make electronic signing and virtual meetings permanent. ...
Australia's second shareholder class action judgment
In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...