271-280 of 426 results
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 ...
Competing class actions - no 'one size fits all' solution
The Full Federal Court has held that when the court is faced with multiple competing class actions in relation to the same issue it can choose one to proceed and stay the others In doing so it said that there is no one size fits all solution to the problem of competing class actions and that ...
Class action amounts to multiple claims under insurance policy
The decision in a recent Supreme Court of New South Wales case where indemnity was sought for costs incurred defending and settling a class action highlights a potential gap in coverage under civil liability insurance policies Partner Louise Jenkins Senior Associate Julia Clemente and Lawyer Calypso ...
ALRC's class action report - a 'canary in the coal-mine'?
The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regimes original objectives Partners Jenny Campbell and ...
Unwrapping recent developments in the food sector
Associates Tiernan Christensen and Nick Li report on some noteworthy developments relevant to the food industry in Australia. ...
First shareholder class action judgment
The Federal Court has handed down the first judgment in a shareholder class action. There is plenty in the decision for board members and senior executives to consider in the application of the continuous disclosure laws. ...
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. ...
Confirmation of FATCA Status of Australian Superannuation Funds
The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...