221-230 of 490 results
The wait is over: Equator Principles 4 is here
The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...
First shareholder class action judgment
The Federal Court has handed down the first judgment in a shareholder class action. There is plenty in the decision for board members and senior executives to consider in the application of the continuous disclosure laws. ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
Product safety snapshots – year in review
The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). ...
Class actions and emerging issues
The nature of Australia's class action landscape has fundamentally changed since the outset of the regimes. ...
Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...
Right here, right now; the CDR regime is live
The Consumer Data Right Act has been passed by Federal Parliament bringing with it significant changes for legal, risk and compliance teams operating in the finance, banking, energy and telco sectors ...
Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...
Unwrapping recent developments in the food sector
Associates Tiernan Christensen and Nick Li report on some noteworthy developments relevant to the food industry in Australia. ...
Linklaters Insights: Are you ready? – Implications of a no-deal Brexit for UK listed companies
In this update, our colleagues at Linklaters highlight the impact of Brexit on the prospectus, transparency and market abuse regimes for UK listed companies, if the United Kingdom leaves the EU on or after 31 October 2019 without a withdrawal agreement and transition period (a 'no-deal' Brexit). ...