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A snapshot of ESG in Vietnam
Insight 16 Aug 2022

Environmental, Social and Governance issues continue to create a paradigm shift in the way businesses are run.2022 looks to be another big year in the space, with those slow to adapt getting left behind. We break down key ESG trends to watch for in 2022. ...

Aged care reform: back on the agenda
Insight 05 Aug 2022

In this Insight, we focus in on the key regulatory enforcement and provider governance reforms to be implemented under the Royal Commission Response Bill and the implications for approved providers. ...

Another year of relief for foreign financial service providers – but the relief saga continues
Insight 05 Aug 2022

In this Insight, we cover what the extension of the existing licensing relief means for FFSPs; what the Bill (and its lapsing) means for FFSPs; and what options are available to FFSPs moving forward. ...

Corporate criminal liability: a guide for boards and senior management
Insight 03 Aug 2022

The risk for an organisation of being held liable for criminal activity is high on the agenda for directors, company officers and shareholders alike. Below is a handy overview of where it currently stands in Australia. ...

M&A trends in the food and beverage sector: ESG, innovative agriculture, craft beer and plant-based alternatives
Insight 28 Jul 2022

With ESG front of mind, we take a deep dive into some of the M&A trends within the food and beverage sector and outline some key factors that we expect to attract global investment in the years to come. ...

New Aim Pty Ltd v Leung: assisting expert witnesses – how much is too much?
Insight 25 Jul 2022

In New Aim Pty Ltd v Leung the Federal Court of Australia rejected an expert report and oral evidence from a purportedly independent expert witness, on the basis that the solicitors who retained the expert had written her report. The case is a timely reminder of best (and worst) practices in the engagement of independent expert witnesses and the importance of preserving an expert's independence. ...

The year to come for Australia's Anti-Money Laundering and Counter-Terrorism Financing regime
Insight 27 Feb 2015

Having recently acquired a new CEO and a significant funding boost AUSTRAC is being closely watched by reporting entities for an indication of its future direction and priorities both at the policy and the enforcement level In light of this and with major review reports pending 2015 promises to be a ...

Class action funding revisited – litigation funding schemes held to not be Managed Investment Schemes
Insight 20 Jun 2022

The Full Federal Court has held that litigation funding agreements are not 'managed investment schemes' (MIS), overturning its own more than decade-old decision in Brookfield Multiplex. ...

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

New ASIC guidance on how superannuation and managed funds can avoid 'greenwashing'
Insight 16 Jun 2022

Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...

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