261-270 of 341 results
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. ...
ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...
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. ...
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
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. ...
Disclosing privileged documents to regulators
The case of Cantor v Audi provides insights into what you should consider before providing privileged documents to a regulator. ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...
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 ...
Extraordinary new power proposed for APRA
The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...
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). ...