181-190 of 350 results
Corporate trustees: no fiduciary duty owed by a successor trustee to its predecessor
A recent New South Wales Court of Appeal judgment has resolved a difficult question concerning the law of corporate trustees, and serves as a practical reminder of the difficulties faced, in particular, by insolvency practitioners appointed to insolvent former trustees. ...
TNFD Recommendations to prompt a step change in nature risk management and disclosure
The Taskforce on Nature-related Financial Disclosures recommendations (the TNFD Recommendations) provide a means to standardise nature-related risk management and reporting, and to capitalise on nature-related opportunities. ...
The National Anti-Corruption Commission in action
New anti-corruption watchdog, the National Anti-Corruption Commission (the NACC), has now been operating for 100 days, and has already received more than 1200 referrals and opened three investigations ...
Whistling in the wind: clarification on the limited retrospective application of the corporate and tax whistleblower protection regime
The Full Court of the Federal Court of Australia has unanimously determined that the updated whistleblower protections that came into effect on 1 July 2019 do not apply to detrimental conduct engaged ...
APRA releases Prudential Practice Guide SPG 530 (Investment Governance) for consultation
APRA has released for consultation its draft Prudential Practice Guide (Investment Governance) (SPG 530), which updates its existing guidance (now nearly a decade old) on how RSE licensees should practically implement updated Prudential Standard SPS 530 (SPS 530). ...
Diversity and inclusion in the boardroom and beyond
Diversity and inclusion (D&I) continues to be an important ESG consideration for companies. In this Insight, we cover some of the key Australian and international D&I-related legal, regulatory and commercial developments. ...
Fuel for thought: is SAF the safe bet?
In this Insight, we look at the challenge posed by the Aviation Green Paper (the Paper) for the Australian aviation sector to lead the transition to net zero. Released on 7 September 2023, the Paper o ...
Best practice approach to communications between principals and superintendents
This Insight sets out practical tips on achieving best practice communications between principals and superintendents in order to avoid any perception of bias, and summarises recent case law on the consequences of failing to heed this guidance. ...
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
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. ...
Emerging ESG disputes risks and key mitigation strategies
Pressure is emerging from multiple angles – regulation, investors, employees and communities – to have a proactive approach to ESG issues. In this Insight, we highlight current trends in ESG disputes and outline the key strategies companies should be implementing right now to mitigate ESG disputes risk. ...