91-100 of 714 results
High Court affirms utility of disclaimers in limiting producers' duty of care
In a recent decision with ramifications for producers' and manufacturers' class action risk, the High Court has found that a sorghum seed producer, Advanta Seeds, was not liable to growers for economic loss resulting from their purchase of contaminated seed bags. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Expert review into fees and costs disclosure - further changes ahead
Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...
Green shoots: digging into the ACCC's draft guidelines on sustainability collaborations
Climate change has been described as a 'defining challenge' for humanity. In these circumstances, it is timely that the ACCC has released its draft guide on the interaction between sustainability collaborations and Australian competition law (the Draft Guide). ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Guide to addressing ESG impacts in generative AI deployment
This guide outlines key ESG risks and impacts companies deploying AI should consider, the questions they should be asking, and what to do in response. ...
Continuous disclosure for listed companies – key points from recent developments
With increasing scrutiny and a dynamic legislative environment, the continuous disclosure regulation of ASX-listed entities in Australia is evolving. Recent developments mandate a heightened level of vigilance and adaptability by companies ...
Nature-related risks should be at the top of the boardroom agenda: key steps directors should take to manage these risks
Nature-related risks and opportunities have fast become a hot topic of discussion in Australian boardrooms. Investors have warned that boards and executives need to be upskilled on nature-related risks to be ready for what is to come. ...
Switzerland found to have contravened European Convention on Human Rights in responding to climate change
The European Court of Human Rights (the ECHR) has recently delivered a decision concerning the human rights impacts of climate change in Verein KlimaSeniorinnen Schweiz and Others v Switzerland (European Court of Human Rights, Grand Chamber, Application No 53600/20, 9 April 2024) (Verein). ...
A new era of environmental governance: national agencies and tougher penalties
Following announcements in April about next steps in the Federal Government's 'Nature Positive' reforms (see our previous Insight here), three Bills have been tabled in Parliament to implement Stage 2 of the three stages of amendments to the Environment Protection and Biodiversity Conservation Act 1 ...