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New EU rules raise the bar for data security
Insight 16 Oct 2017

The EU General Data Protection Regulation GDPR which will apply from May 2018 includes enhanced data security requirements and obligations to notify regulators and individuals of data breaches A failure to comply with key provisions may lead to a fine of up to euro20 million or 4 per cent of global ...

First civil penalty order for breach of FOFA duties
Insight 06 Nov 2017

The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...

Implications of the Critical Infrastructure Centre for foreign investment in Australia
Insight 24 Feb 2017

The Australian Governments Critical Infrastructure Centre launched earlier this year is part of the governments plans to manage national security concerns arising from foreign investment in Australian critical infrastructure The Centre has released a discussion paper calling for input into how it ...

Painting the full picture: certifiers and financiers in projects
Insight 20 Oct 2015

A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...

FIRB shines the spotlight on tax issues
Insight 23 Feb 2016

The Australian Government has announced that in applying the national interest test to future foreign investment applications it will be requiring investors to satisfy a series of tax compliance and disclosure obligations relating to the tax implications of the proposed investment and the ...

Court accepts market-based causation
Insight 21 Apr 2016

Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...

All but one: Federal Government issues response to FSI report
Insight 20 Oct 2015

The Federal Government today released its long-awaited response to the Financial System Inquiry The Government says it has accepted all but one of the Inquirys 44 recommendations released late last year And this is broadly true with the only substantial recommendation to be rejected being the ...

Predictive coding: the future of electronic document production?
Insight 25 Feb 2016

A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...

New legislation introduces criminal offences for false accounting
Insight 23 Feb 2016

The Federal Government has proposed new legislation that introduces two new criminal offences for false accounting into the Commonwealth Criminal Code The proposed false accounting offences are designed to help Australia comply with the OECDs Convention on Combating Bribery of Foreign Public ...

New environmental responsibilities for corporates, officers, financiers and others in Queensland
Insight 16 Mar 2016

The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...

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