161-170 of 465 results
Optus class action privilege claims rejected
The Full Federal Court has refused Optus' appeal from a Federal Court decision rejecting its legal privilege claim over a factual investigation report commissioned in response to a data breach, on the basis that Optus had not established that the report was prepared for the dominant purpose of legal ...
ASIC targets superannuation trustees on financial advice fees
On 9 May 2024, ASIC released its report, REP 781 Review of superannuation trustee practices protecting members from harmful advice charges, outlining findings from its review of progress by superannuation trustees in addressing risks of member harm from poor financial advice and inappropriate advice ...
Mandatory human rights due diligence in the mainstream – what the CS3D means for companies
The EU Corporate Sustainability Due Diligence Directive (CS3D) has been approved by the EU Council and EU Parliament and is expected to be formally adopted in coming months. The CS3D will establish a due diligence standard on sustainability issues and create potential legal liability for in-scope co ...
High Court holds that 'fair winds' permit recovery of expenditure wasted in constructing iconic aircraft hangar
In this Insight, we examine the differences between the various judges' reasoning and lay out what the implications are in practice. ...
Corporate crime, policymakers and the major developments for 2023
2022 saw increased attention from policymakers in relation to corporate crime, with developments proposed or adopted to improve the capacity of the courts to hear criminal cases and increase transpare ...
Class action risk: interim update
Filings are down, but impact too early to call. 2022 is shaping up as the year that bucks a number of long-running class action trends. Filings are materially down on prior years, and the claims that have been filed are somewhat at odds with recent trends. ...
Federal Court and ASIC shine spotlight on supervisory and risk management requirements for CAR arrangements
In its recent decision in Australian Securities and Investments Commission v Lanterne Fund Services Pty Limited [2024] FCA 353, the Federal Court highlighted the risk of breach of the general obligations of Australian financial services (AFS) licensees under the Corporations Act 2001 (Cth) (the Act) ...
Key steps to prepare for the fifth edition of the ASX Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council (the Council) recently published the Consultation Draft for a fifth edition of the ASX Corporate Governance Principles and Recommendations (the Recommendations). ...
The expectation of continuous improvement in combating modern slavery
There is an expectation that businesses demonstrate continuous improvement in their response to modern slavery and reporting under Australia's Modern Slavery Act 2018 (Cth) (the MSA). ...
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. ...