191-200 of 350 results
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. ...
A win to litigation funders in employment class actions
A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...
A twist in the road for auto class actions
This Insight summarises our key takeaways from the decision and includes our reflections on the implications for the class action risk facing automakers. ...
Circular economy accountability – the role of business in addressing the global plastics and waste crisis
Overuse and improper disposal of plastics and other materials is a global crisis. Businesses are under increasing pressure from various stakeholders to reduce the impact their use of materials, particularly plastics, has on the environment. ...
ASIC and APRA announce strategic priorities
In this Insight, we consider the key trends, similarities and differences we have observed across ASIC and APRA's Corporate Plan. We also explain what to expect on the regulators' supervision and enforcement agendas in the near future. ...
ESG contract clauses — drafting tips to reduce your exposure to disputes and complaints
Interest in environmental, social and governance (ESG) is continuing to grow at a rapid pace, including ESG-related goods and services. ...
1972 is calling: repeal of the Aboriginal Cultural Heritage Act 2021 (WA)
Just five weeks after its commencement, the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) has been repealed, and will be replaced with an amended version of the Aboriginal Heritage Act 1972 (WA) (1972 Act) – the very legislation it was intended to overhaul. ...
Targeting ESG outcomes in investment strategies
It is now accepted that ESG risks need to be taken into account in the same way as any other investment-related risk for superannuation trustees, fund managers and institutional investors when developing and implementing their investment strategies (and in making individual investment decisions). ...
Setting a new standard: a guide to APRA's operational risk management reforms
Given the tight timeframes proposed, APRA regulated entities should begin to review their operational risk management processes and arrangements against draft CPS 230 – see our practical implementation guide here. ...