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Privilege during class action investigations - no client required
Our recently released Class Action Risk 2016 report highlights the effect of lawyer and funder entrepreneurialism on the class action landscape Last weeks decision in the ongoing confidentiality dispute between IOOF Holdings Limited and Maurice Blackburn has provided a rare insight into the way ...
Misinterpretation of REC liability exemption leaves islanded generator high and dry
A decision by the Administrative Appeals Tribunal affirming an assessment by the Clean Energy Regulator as to the liability of an off-grid generator under the Renewable Energy Electricity Act 2000 Cth highlights the need for liable entities to carefully consider their reliance on the small systems ...
25 years of class actions
Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...
Productivity Commission's proposed alternate default models for superannuation
In the latest and undoubtedly most significant of its reports into the design of default superannuation arrangements in Australia the Productivity Commission yesterday released its Draft Report in relation to Superannuation Alternative Default Models Partner Geoff Sanders of the Allens ...
Mandatory data breach notification scheme passed
The Federal Parliament has today passed the Privacy Amendment Notifiable Data Breaches Bill 2016 which will amend the Privacy Act 1988 Cth to introduce a mandatory data breach notification scheme ...
Recent decision on FoFA advice provisions - ASIC v NSG
The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...
Abolition of the 457 visa program - what this means for employers
The Turnbull Government announced on 18 April 2017 that it is abolishing its 457 visa program and replacing it with a new Temporary Skill Shortage visa program Implementation of the visa reforms commenced immediately and are to be completed in March 2018 Partner Veronica Siow provides a snapshot of ...
Grizzly times ahead for banks
A consultation paper on the BEAR has been released confirming the Federal Governments intention to impose an executive accountability regime on banks and their subsidiaries that follows important elements of current international accountability regimes You have three weeks to provide your comments ...
UK's Financial Conduct Authority report into asset management: guidance for future direction
ASIC often looks to overseas regulators for inspiration So when a particularly influential regulator publishes a comprehensive report about a large segment of its regulated population including possible new areas for regulation it can pay to take note because it may be a guide to the future ...
Franchisors and holding companies liable under Vulnerable Workers Bill
The Federal Government has introduced a Bill that will make franchisors liable for breaches of employment law by franchisees Partner Simon Dewberry and Managing Associate Andrew Stirling report ...