151-160 of 262 results
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. ...
Confirmation of FATCA Status of Australian Superannuation Funds
The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...
The Rolls-Royce bribery case and its implications in Australia
A Deferred Prosecution Agreement in the United Kingdom which will see the Rolls-Royce company pay more than 500 million to settle charges of foreign bribery is the most significant UK DPA to date It is likely to influence the approach and expectations of the Australian Government and law enforcement ...
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. ...
Retail banking remuneration review
The Australian Bankers Association last year commissioned Stephen Sedgwick to undertake a review of remuneration in retail banking ...
Employment & Safety
In this issue we look at how post-employment restraints can be unenforceable if a company does not comply with the employment contract itself a decision of the Federal Court that confirms an employee who is on long-term sick leave must continue to have regular contact with their employer and a ...
CIPRs - some interesting findings
We recently hosted some workshops in Sydney and Melbourne to discuss the proposed CIPR framework The outcomes of those workshops were interesting - in some respects surprising - and this article provides a brief report ...
The efficacy of e-signatures
Allens has adopted e-signature using DocuSign as a service to clients. Senior Finance Counsel Diccon Loxton has written an article in two parts that examines the efficacy of e-signatures. ...
English High Court provides important guidance on approach to LIBOR mis-selling claims
The English High Court has handed down its judgment on the first major case following the global regulatory investigations into alleged LIBOR manipulation ...