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What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

Allens advises Vicinity Centres on $1.4 billion capital raising
News 02 Jun 2020

The capital raising comprises a fully underwritten $1.2 billion placement and a securities purchase plan targeting to raise up to $200 million, and the proceeds will be used to reduce debt and ...

Arbitration agreements – don’t play chicken with imprecise drafting
Insight 25 May 2020

The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...

Even broad governmental powers have limitations - Brett Cattle Company Pty Ltd v Minister for Agriculture
Insight 04 Jun 2020

The decision in Brett Cattle Company Pty Ltd v Minister for Agriculture serves as a timely reminder that there are limits on the exercise of seemingly broad governmental powers, and is especially relevant at a time where governmental powers are being used to respond rapidly to the COVID-19 crisis. ...

NSW turns up heat on developers of residential apartment buildings
Insight 12 Jun 2020

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) has passed. For developers of residential apartment buildings, we take a look at the key changes and outline the actions you should take next. ...

A 'high risk' jurisdiction: climate change and directors' duties
Insight 25 May 2020

Australian law requires certain standards of conduct of company directors, including that directors act in the best interests of the company and exercise care and diligence in performing their role. ...

Increasing climate litigation and shareholder action expected
Insight 25 May 2020

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. ...

State of trade: COVID-19's impacts on trade regulation and supply chain risks
Insight 24 May 2020

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. ...

Update on the Australian Domestic Gas Security Mechanism
Insight 11 Jun 2020

Key changes to the Australian domestic gas security mechanism ...

WA: Greenhouse Gas Emissions Guideline
Insight 11 Jun 2020

The Western Australian Environmental Protection Authority (EPA) has released its finalised Greenhouse Gas Emissions Environmental Factor Guideline (GHG Guideline). ...

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