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 ...

The Federal Court has issued the first court-ordered civil penalties for breaches of the National Electricity Rules demonstrating a willingness to apply an agreed pecuniary penalty negotiated by regulators and respondents This decision is important not just to the energy sector but also to ...

The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

Class actions are an established and important part of the Australian legal landscape In recent years Australia has become the most likely jurisdiction outside of the United States in which a corporation will face significant class action litigation ...

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...

Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...

The Australian Government is via two new consultations proposing wide-ranging reforms to tackle the challenges that it faces in detecting and prosecuting serious corporate crime ...

The Federal Attorney-Generals Department has released its draft Project Plan for the implementation of the wide-ranging recommendations arising from the recent statutory review of Australias anti-money laundering and counter-terrorism financing regime Partner Peter Haig Associate Andrew Shetliffe ...

In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...