2481-2490 of 4082 results
In search of consistency: state schemes and policies
State and territory governments are increasingly willing to take action separate to the Federal Government to address climate change through state schemes, policies and, in some cases, legislation. This represents a change in approach at the state and territory level over the past decade, as climate ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...
Voluntary schemes and soft law
The term 'soft law' refers to rules, principles or guidelines that are not themselves legally binding, but nonetheless play an important role in promoting compliance with certain standards of behaviour. Rules of 'soft law' can often act as a precursor to the emergence of 'hard law'. ...
State of trade: COVID-19's impacts on trade regulation and supply chain risks
The COVID-19 pandemic has impacted many aspects of international commerce, and will continue do so for some time. In this Insight, we discuss three critical trade-related impacts of the pandemic on Australian businesses. ...
Transforming the WA energy market
In WA, the development of distributed energy resources (DER) technologies and new business models that weren’t contemplated by the current regulatory regime can pose safety and security issues to the South West Interconnected System. The WA Government has addressed these and other issues through various work streams delivered (and anticipated) in 2020, paving the way for a new-look energy future. ...
Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...
Providing financial services 'fairly'
The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...
Targeting net zero: climate change is putting governance to the test
It is a financial imperative to actively navigate the risks and opportunities that the carbon transition presents. It follows, therefore, that corporate strategy in relation to climate risks and opportunities is no longer appropriately housed solely in Environmental, Social and Governance (ESG) or s ...
Greater than the sum of its parts – an excerpt on exceptional circumstances
The Fair Work Commission (FWC) has confirmed that the convergence of a series of ordinary events can give rise to 'exceptional circumstances' within the meaning of section 366 of the Fair Work Act 2009 (Cth) (Act). ...
Officers of a parent company may be found officers despite not having an official position or title in the subsidiary
On 11 March 2020, the High Court of Australia (HCA) handed-down its decision in ASIC v King [2020] HCA 4 (ASIC v King), which considered the extended meaning of 'officer' under the Corporations Act 2001 (Cth) (Corporations Act). ...