191-200 of 1133 results
Class actions: A ten year survey
Class action risk has become a major issue for boards senior management and general counsel A key question often asked in that context is whether the changing nature of the class actions landscape poses an increasing area of risk for Australian corporates ...
M&A trends in the food and beverage sector: ESG, innovative agriculture, craft beer and plant-based alternatives
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?
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. ...
Class action funding revisited – litigation funding schemes held to not be Managed Investment Schemes
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'?
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'
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'. ...
Post-election class action reform: easing the pressure on litigation funders
Several recently enacted and proposed reforms to the class action regime hang in the balance following the change of government in the 2022 Federal Election. ...
CAMAC is dead. Long live the FSI
The recent Federal budget included measures to abolish some government bodies by 1 July 2015 One of those is the Corporations and Markets Advisory Committee CAMAC This is a pity for those involved in the funds management industry because it means that CAMAC is no longer accepting submissions in ...
What the wide-ranging sanctions on Russia mean for your organisation
The Australian Government, introduced a wave of new trade and financial sanctions measures against Russia in response to the situation in Ukraine. This is the first time in living memory that a major economy has been subject to such wide-ranging sanctions, with implications for a range of industries. ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
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. ...