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Nucleus corporate law developments: rapid legal and regulatory responses to COVID-19 continue; ASX updates temporary COVID-19 class waivers and issues guidance on cancelling dividends; ACCC develops code of conduct for digital platforms and media companies; interim Home Loan Pricing Inquiry report released; and other corporate law developments
Insight 07 May 2020

Rapid legal and regulatory responses to COVID-19 continue; ASIC shifts regulatory and enforcement focus; ASX updates temporary COVID-19 class waivers and issues guidance on cancelling dividends; FIRB releases new compliance-related guidance notes; ACCC develops code of conduct for digital platforms and media companies and releases interim Home Loan Pricing Inquiry report; and temporary amendments made to Fair Work Act and modern awards. ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

Nucleus – corporate law developments: Regulators assess priorities and continue to respond in the wake of COVID-19; changes to Australia's continuous disclosure laws, FIRB regime and Fair Work Act; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed
Insight 09 Jun 2020

Regulators assess priorities and continue to respond in the wake of COVID-19; the Treasurer temporarily modifies the operation of Australia's continuous disclosure laws; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; comprehensive reform and further guidance on the temporary changes to the FIRB regime; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed; and more temporary amendments to Fair Work Act. ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

In Touch: further ACCC authorisations for businesses cooperation during the pandemic; ACCC releases interim Home Loans Price Inquiry report and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies
Insight 30 Apr 2020

Further ACCC authorisations letting businesses work together during the pandemic; ACCC releases interim report in Home Loans Price Inquiry and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies forthcoming. ...

Carrots and sticks: enforcement of the Consumer Data Right
Insight 15 May 2020

The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...

Green finance
Insight 25 May 2020

Australia's 'green finance' market continues to grow steadily in response to global environmental challenges and to support sustainable development. Innovative financial products continue to be developed to direct capital towards green projects and to promote sustainability causes or ESG-related per ...

The COVIDSafe Bill – good progress, but there's more to do
Insight 06 May 2020

The COVIDSafe app has been marketed as offering privacy 'protected by law'. On Sunday, the Federal Government released an exposure draft of legislation designed to put those protections in place, and to dispel lingering doubts about the app. ...

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