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Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
Insight 08 Mar 2023

In this Insight, we discuss the contractual structure governing the appointment of DRB members, how members are usually appointed, and possible modifications to the appointment process to reduce barriers for new entrants and increase the diversity of candidate pools and, consequently, DRBs. ...

Federal Court finds cyber risk management is a critical obligation for financial services firms
Insight 06 May 2022

The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...

Five questions on the minds of future-focused in-house counsel
Insight 05 Mar 2023

In this Insight, we explore what’s front of mind for innovative legal professionals and share some practical examples of what leading legal functions are doing to improve legal service delivery in their organisations. ...

Carbon trading platforms – what's happening in Australia's rapidly growing market?
Insight 18 Nov 2021

Demand for Australian Carbon Credit Units (ACCUs) and other carbon credits, continues to surge domestically. To date, carbon credits trades in Australia typically involve the purchaser and seller entering into carbon credit offtake agreements, which can entail complexity and cost. ...

Your jointly proposed pecuniary penalty may not be appropriate
Insight 27 Apr 2021

The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...

Nucleus – corporate law developments: ASIC 'no action' position on virtual meetings; legislative clarification on the definition of casual employee; and other updates
Insight 21 Apr 2021

ASIC takes 'no action' position on virtual meetings but no such luck for electronic signatures; Fair Work Act amendments clarify the definition of casual employment; ASX Listing Rule amendments to commence from 5 June 2021; ASX updates Guidance Note 19: Performance Securities; Takeovers Panel remakes procedural rules; APRA provides guidance to ADIs on the use of indemnities in divestment transactions. ...

Consultation begins on the CDR energy rules framework
Insight 11 Aug 2020

An overview of the ACCC's approach to the CDR Rules and CDR data sets for the energy sector, and matters which may require energy-specific rules. This article provides and highlights the key issues which have been left open for further consideration. ...

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