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Australia considers adopting worldwide human rights sanction regime
Insight 16 Dec 2019

A parliamentary inquiry has been announced into whether Australia should introduce a legislation authorising the government to impose sanctions against gross human right abusers. ...

First shareholder class action judgment
Insight 25 Oct 2019

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. ...

ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
Insight 15 Nov 2019

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
Insight 25 Nov 2019

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. ...

ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Thriving in an era of scrutiny: Culture and conduct
Insight 06 May 2019

Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...

PNG accedes to the New York Convention – what will change?
Insight 07 Aug 2019

Papua New Guinea (PNG) recently acceded to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is likely to increase its attractiveness to foreign investors. ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

Would you like financial services with your social network? Facebook consortium to launch new cryptocurrency
Insight 08 Jul 2019

In a bold new play, a consortium led by social media giant Facebook has announced plans to enter the financial services sector through the launch of a cryptocurrency called Libra. Both a currency and a blockchain backed payment system, the project could have a profound impact on the financial servic ...

Latest word on competing class actions
Insight 24 May 2019

The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...

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