The Federal Government's 'big stick' energy Bill, which will define and prohibit several new types of misconduct in electricity markets, is progressing through Parliament. Meanwhile, COAG has instigated a holistic review of gas pipeline regulation and is considering improvements to transparency meas ...

The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...

The Federal Court has handed down the first judgment in a shareholder class action. There is plenty in the decision for board members and senior executives to consider in the application of the continuous disclosure laws. ...

Federal laws imposing a three-year minimum expiry date on gift cards sold in Australia came into effect last week, but certain state laws relating to gift cards also remain. This Insight explains the key principles businesses need to know about, and includes a quick guide to how the laws compare. ...

The Federal Circuit Court of Australia awarded a professor more than $1.2 million after his employer, a university, used 'cherry-picked' parts of his writings to justify his dismissal. ...

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...

A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

Anyone with even a passing professional interest in superannuation and funds will be familiar with 'RG 97' . This Insight examines the key changes made to regime after the ASIC review. ...