331-340 of 1137 results
Officer without office: High Court rules persons can be company officers despite absence of official title
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. ...
Retail banking and responsible lending during COVID-19
The sudden and unknown nature of COVID-19 has triggered a global economic shock, and disrupted Australia's economy. As we enter a national state of economic 'hibernation', banks and lenders are grappling with a sudden influx of relief requests from consumer and business customers. ...
The simple case of the SIS Act 'best interests' obligation
Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...
Financial advice relief – all talk and no-action
We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...
Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...
Providing financial services 'fairly'
The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...
A 'high risk' jurisdiction: climate change and directors' duties
Australian law requires certain standards of conduct of company directors, including that directors act in the best interests of the company and exercise care and diligence in performing their role. ...
Corporate PPAs: questions to ask, traps to avoid
As electricity prices rise and we move towards a carbon‑constrained future, companies are looking for ways to manage their exposure to changing electricity prices and to purchase electricity from renewable sources. Generators are also looking beyond retailers as potential offtakers to support the de ...
Shareholder resolutions
Shareholders are becoming increasingly aware of climate change risks. Since early 2017, both Australian and foreign companies have faced a wave of climate change-related shareholder activism. Ceres maintains a Climate and Sustainability Shareholder Resolutions Database, which at February 2020 showe ...