211-220 of 591 results
Laundy v Dyco – 'carrying on a business' when the law changes suddenly
The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...
DDO conditional relief: facilitating the reissue of life insurance policies
In a welcome move for life insurers reissuing or reinstating certain life policies, ASIC has registered the ASIC Corporations Instrument 2023/183. In this Insight, we provide a brief overview of the purpose of the Instrument and the relief granted by ASIC. ...
ESG class actions: an emerging focus on supply chain risk
Class action claims against companies alleging adverse human rights impacts are increasing globally. While damages may be sought, such claims are increasingly being used to drive change in company policies and practices. ...
Aged care reform: back on the agenda
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. ...
Recovery and exit planning – new requirements for APRA-regulated entities
APRA has released Prudential Standard CPS 190: Recovery and exit planning (CPS 190), which aims to ensure that all APRA-regulated entities are prepared for scenarios that may impact the financial viability of their business. In this Insight, we provide an overview of the new requirements in CPS 190. ...
Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
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. ...
Five questions on the minds of future-focused in-house counsel
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. ...
ASIC's review into responsible entity governance
In ASIC's 2021-2025 corporate plan published in August last year, ASIC identified the governance of managed investment schemes and responsible entities as an area of focus to reduce the risk of harm to investors exposed to poor governance. ...
Key developments for APRA-regulated entities in managing climate risks
Recently released guidance from the Australian Prudential Regulation Authority (APRA) and two new barrister opinions re-emphasise the need for banks, superannuation trustees, insurers, and other organisations, to respond to, and appropriately manage, financial risks associated with climate change. ...
Coming clean and staying clean: continuous disclosure obligations in the age of the data breach
Recent data, coupled with the Privacy Act 1988 notifiable data breaches scheme, APRA Prudential Standard CPS 234, the Security of Critical Infrastructure Act and the GDPR, confirm that when it comes to serious cyber security breaches, listed entities should be complying with existing continuous disclosure requirements. ...