121-130 of 185 results
Disclosing privileged documents to regulators
The case of Cantor v Audi provides insights into what you should consider before providing privileged documents to a regulator. ...
Unwrapping recent developments in the food sector
Associates Tiernan Christensen and Nick Li report on some noteworthy developments relevant to the food industry in Australia. ...
ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
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 wait is over: Equator Principles 4 is here
The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...
Extraordinary new power proposed for APRA
The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...
Unexpected risks of the IoT revolution: Cyber security in medical devices
In late August 2017 the US Food and Drug Administration recalled 465000 Abbott Laboratories pacemakers due to cyber security vulnerabilities Although this was the first time that the FDA had recalled a medical device because of cyber concerns they have been alive to the significant risk that a cyber ...
Australian Modern Slavery Act: Final Report recommends mandatory supply chain reporting with penalties for non-compliance
After a year-long inquiry a parliamentary committee has recommended that Australia establish a Modern Slavery Act including mandatory reporting for large businesses on modern slavery risks in their operations and supply chains The introduction of a Modern Slavery Act is set to be a game-changer with ...
Federal Court imposes highest penalty to date
The Full Federal Court has allowed the ACCCs appeal and imposed penalties of 46 million for cartel conduct on Japanese wire harness manufacturer Yazaki Corporation The penalty was increased to 46 million from 95 million on appeal and is the highest-ever penalty under the Competition and Consumer Act ...
Design and distribution of financial products - regulating 'retail product distribution conduct'
The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...
Australian Human Rights Commission to conduct inquiry into workplace sexual harassment
Australia's Sex Discrimination Commissioner, Kate Jenkins, announced on 20 June 2018 that the Australian Human Rights Commission would conduct the world's first national inquiry into sexual harassment in Australian workplaces. ...