21-30 of 104 results

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

The WTO decision against Australia – what the law on paper might mean in practice
Insight 31 Jan 2020

At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...

The new Hague Rules on Business and Human Rights Arbitration – effective remedy or strange chimera?
Insight 10 Feb 2020

The recently launched Hague Rules on Business and Human Rights Arbitration are an innovative framework for the resolution of business and human rights disputes through international arbitration. We look at how they operate and why companies might elect to arbitrate under the new regime. ...

Australia's Modern Slavery Act – one year on
Insight 11 Dec 2019

Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. ...

Federal Court homes in on Anti-Dumping Commission's calculation of duties on Chinese steel imports
Insight 11 Apr 2018

In a rare appellate court decision dealing with anti-dumping law, the FFCA has clarified that the Anti-Dumping Commission's ability to calculate hypothetical amounts for the purposes of determining normal value is not at large, and must conform strictly with anti-dumping legislation ...

Linklaters Insights: Business Crime Quarterly
Insight 18 Apr 2018

The high level of global financial crime is a drain on corporate resources and governments around the world are attempting to stay one step ahead of the criminals with new measures to tackle corruption In the Business Crime Quarterly Winter 2018 edition our global alliance partner Linklaters ...

ASIC overhauls AFS licensing relief for foreign financial service providers
Insight 05 Jun 2018

ASIC has released its consultation paper on licensing relief for foreign financial services providers proposing a new licensing regime that will be broadly in line with that applied to other AFS licensees, but with relief from some provisions of the Australian Corporations Act and the imposition of ...

Linklaters Insights: A Cross-Border Guide to Joint Ventures
Insight 27 Jul 2018

This Cross-Border Guide considers questions that commonly arise on joint venture deals and how they can be resolved in 26 jurisdictions While no two joint venture deals are the same we hope this is a useful guide to some of the main features of doing cross-border deals ...

Supply chains and modern slavery: reporting on the rise
Insight 18 Sep 2017

The release of the Attorney-Generals consultation paper on modern slavery in supply chains and the recent interim inquiry report on establishing an Australian Modern Slavery Act reflect how international standards around corporate respect for human rights are becoming enshrined in law Australian ...

Draft whistleblower legislation puts onus on big business
Insight 25 Oct 2017

Big business should be aware of mandatory publishing requirements for whistleblower policies and a reverse onus of proof for compensation which is among a raft of whistleblower reforms contained in draft legislation released following a Senate inquiry report Partner Rachel Nicolson and Associate ...

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