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Sanctions Regime in Australia
Insight 20 Feb 2024

We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...

No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
Insight 20 Feb 2024

Just as the summer holidays began at the end of 2023, Justice Jackman of the Federal Court handed down judgment in ASIC v Zurich Australia Limited. ...

What's on the horizon for business and human rights – 2023 themes and 2024 predictions
Insight 14 Feb 2024

The focus on businesses' obligations regarding human rights has grown considerably in recent years. In this Insight, we identify some of the central business and human rights themes from 2023, and set out our predictions for the year ahead. ...

Mandatory climate-related financial reporting: business implications of the draft legislation
Insight 14 Feb 2024

On 12 January 2024, the Federal Government released the exposure draft of the Treasury Laws Amendment Bill: Climate-related financial disclosure. In this Insight, we explain key elements of the Draft Legislation, including areas of uncertainty that have been raised in submissions to government. ...

New FIDIC practice note on DAABs
Insight 04 Feb 2024

A new practice note on dispute avoidance and adjudication boards (DAABs) was released by the International Federation of Consulting Engineers (FIDIC) late last year. ...

Sanctions developments in 2023 and expectations for 2024
Insight 30 Jan 2024

Following the Russian invasion of Ukraine in February 2022, global sanctions proliferated rapidly. This trend continued in 2023, and the World Trade Organisation estimates that 12% of global trade is now affected by sanctions. ...

New year review: contract resets in the infrastructure sector
Insight 29 Jan 2024

A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...

Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

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 ...

Summary dismissal for theft found to be unfair
Insight 01 Nov 2017

A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...

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