171-180 of 231 results
Class closure – the door remains ajar
The Full Court of the Federal Court has held that group members in class actions may be informed that if they fail to register their claim they could be precluded from participating in any settlement (but remain bound by the proceeding's outcome).1 In reaching this decision, a rift has emerged between the Supreme Court of New South Wales and the Federal Court regarding a key aspect of the case management of class actions. ...
Tightening the net: increased director liability for environmental crimes in NSW
The recently passed Environmental Legislation Amendment Act 2022 (NSW) (the Amendment Act) exposes directors and managers of companies to additional criminal and civil liability for breaches of environmental laws. It is now more important than ever that companies have robust processes in place to ensure they are operating in an environmentally satisfactory manner. It is also critical for directors and managers (and those who advise directors and management) to understand their potential exposure to criminal liability for actions taken (or not taken) by companies. ...
Financial sector no longer main target: Class Action Risk report
Data from 2021 shows the banking and financial sector was the third biggest target for new class action filings (down to 17% from 32% in 2020), after more than ten years managing heightened risk du ...
ASIC's review into responsible entity governance
In ASIC's 2021-2025 corporate plan published in August last year, ASIC identified the governance of managed investment schemes and responsible entities as an area of focus to reduce the risk of harm to investors exposed to poor governance. ...
Global ESG themes shaping the Australian legal outlook
2022 will provide a practical demonstration of the appetite for ESG-led change that governments, major corporates and financial institutions all have, and how far this will feed into smaller businesses and everyday life. We explore key ESG themes shaping the legal outlook for businesses in 2022. ...
Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
An understanding of the global reach of anti-bribery and corruption regulation, as well as the application of it within a specific jurisdiction, is key to managing risk for today’s international businesses. ...
Australian class actions trends: 2021 update
Class action litigation in Australia continues to be active and highly complex. Over the past 10 to 15 years, class actions have become an increasingly entrenched and accepted aspect of commercial life for organisations conducting business in Australia. ...
The growing importance of ESG due diligence
Environmental, social and governance (ESG) issues are a major focus of many companies, their stakeholders and regulators. Companies are exploring how to embrace the opportunities that may arise from a well-executed ESG strategy and navigate the risks that ESG issues present, particularly in a period of evolving laws and standards, stakeholder expectations and shareholder activism. ...
Privacy Act reforms: a new Online Privacy Code
In late October, the Attorney-General's Department released a long-awaited Exposure Draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill) to amend the Privacy Act 1988 (Privacy Act). ...
Government response to class action inquiries
Last week, the Federal Government published its long-awaited response to the ALRC and Parliamentary Joint Committee on Corporations and Financial Services Report's inquiries into class actions. ...