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Nucleus – corporate law developments: Regulators assess priorities and continue to respond in the wake of COVID-19; changes to Australia's continuous disclosure laws, FIRB regime and Fair Work Act; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed
Insight 09 Jun 2020

Regulators assess priorities and continue to respond in the wake of COVID-19; the Treasurer temporarily modifies the operation of Australia's continuous disclosure laws; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; comprehensive reform and further guidance on the temporary changes to the FIRB regime; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed; and more temporary amendments to Fair Work Act. ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

RG 272 – bringing order through product intervention
Insight 23 Jun 2020

Following its consultation in June last year, ASIC has now published RG 272, setting out ASIC's approach to using its product intervention powers. In this update, we examine the scope of this power and the accompanying regulatory guidance. ...

Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
Insight 23 Jun 2020

As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...

Vietnam insolvency guide for directors
Insight 11 Jun 2020

To help management, this Insight explores the insolvency and bankruptcy regulations in Vietnam, as well as the obligations and potential liabilities of management personnel of Vietnamese companies if their companies become financially distressed. ...

1 July 2020: new financial year, new increases to minimum wages
Insight 08 Jul 2020

Employees need to be mindful of increases to minimum rates of pay, as well as the impact of increases to the high income threshold and the maximum super contribution base. ...

Federal Court opts to rule on Qantas stand down case
Insight 08 Jul 2020

The Federal Court has decided to adjudicate a dispute between Qantas and its aircraft engineers about the legality of Qantas' and Jetstar's decision to stand down employees during the COVID-19 pandemic. ...

Recent amendments to the Work Health and Safety Act 2011 (NSW)
Insight 09 Jul 2020

Recent amendments to the Work Health and Safety Act 2011 (NSW) significantly increase the range of conduct that could constitute a Category 1 offence. Companies should ensure their systems and processes are suitably reviewed in light of these amendments. ...

When the wrong version of an EA is approved by the FWC
Insight 08 Jul 2020

There is no simple fix where an employer submits, and the FWC approves, the wrong version of an enterprise agreement. The employer will need to appeal the decision approving the enterprise agreement, submit the agreement to another vote and apply again to have the agreement approved. ...

Targeting net zero: five ways to deliver on carbon reduction targets
Insight 02 Jul 2020

As we move towards a carbon constrained future and electricity prices rise, companies are increasingly looking for ways to deliver on their carbon reduction commitments, including by purchasing electricity from renewable sources, managing their exposure to changing electricity prices and supporting ...

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