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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Report: National Electricity & Gas Rules Update 2018
In this final wrap-up for FY1718 we take a look at the new rule change requests draft and final determinations made in the period April - June 2018 as well as track the progress of other National Electricity Gas and Energy Retail Rule changes currently underway ...
Full Federal Court speaks on competing class actions
In the latest instalment in the attempts to deal with competing shareholder class actions the Full Federal Court has ordered the transfer of four shareholder class actions against AMP to the Supreme Court of New South Wales where a fifth class action is already pending In doing so the court gave the ...
Competing class actions - a problem in need of a solution
As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...
Treasury proposes tougher penalties for corporate and financial sector misconduct
The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...
Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...
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. ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
On the international stage: Australia and the EU launch cyber security plans
In recent weeks, both Australia and the EU have unveiled their plans to address cyber security in an era of growing concern and uncertainty. On 13 September 2017, President of the European Commission, Jean-Claude Juncker, outlined the Union's intentions to intensify their efforts regarding cyber sec ...
Unexpected risks of the IoT revolution: Cyber security in medical devices
In late August 2017 the US Food and Drug Administration recalled 465000 Abbott Laboratories pacemakers due to cyber security vulnerabilities Although this was the first time that the FDA had recalled a medical device because of cyber concerns they have been alive to the significant risk that a cyber ...