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ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Shareholder activism: Full Court says no to revolution by resolution
Insight 18 Jul 2016

At a time of increasing shareholder activism a recent decision of the Full Court of the Federal Court has confirmed that activist shareholders have a very limited part to play in the exercise of a boards power in the management of a company Partners Kim Reid and Julian Donnan and Associate Manu ...

Propelling city growth: time to act
Insight 06 Jun 2018

Time to act on Australia's social infrastructure deficit: four steps to address the increasing shortfall ...

Round 2: Financial Advice
Issues 10 Feb 2019

In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...

Round 3: Lending Practices to Small and Medium Enterprises
Issues 10 Feb 2019

Throughout the Royal Commission, Commissioner Hayne grappled with the difficulties of striking an appropriate balance between ensuring that small and medium enterprises (SMEs) have access to credit, and imposing standards on the provision of that credit to protect SME borrowers and third-party guara ...

Round 4: Experiences with financial services entities in regional and remote communities
Issues 10 Feb 2019

During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...

Competition law update
Insight 30 Oct 2014

In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

Timing is everything: Major shareholders exclusions in D&O insurance policies
Insight 15 May 2015

A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...

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