141-150 of 1169 results
The when and what of the new breach reporting regime
All signs point to the final tranche of the Hayne Royal Commission exposure draft Bills being introduced before the end of the year, and their focuses will include something that is a favourite topic here at Unravelled, and is of considerable interest to our clients – breach reporting. We explain the new regime's timing and effects. ...
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...
It's finally here – BNPL to be incorporated into the existing consumer credit regulatory framework
In this Insight, we explain key elements of the Treasury Laws Amendment Bill 2024: Buy now, pay later (the Draft Bill) and canvass some of the issues that BNPL providers will need to consider. ...
Class action filings surge 43% in 2023
Consumer claims continued to dominate in 2023, accounting for 40% of filings, up from 32% last year, while shareholder claims dropped to 20% from 29% and employee claims remained stable at 15%. 'In ...
The hotel window closes - no vulnerability where a contract exists
The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...
Heralding in a new era – PNG's arbitration regime
The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...
What's trending: board skills and diversity reporting
In this Insight, we examine the key trends in board skills and diversity reporting across Australia's top 50 ASX-listed entities over the last three years, provide an update regarding proposed changes to the ASX Corporate Governance Council's Corporate Governance Principles and Recommendations. ...
Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
The Australian Securities and Investment Commission (ASIC) has released guidance clarifying its expectations in relation to a bank, or other intermediary, pre-hedging derivative exposures. Â ...
Sanctions Regime in Australia
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
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. ...