371-380 of 944 results
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance.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 wait is over: Equator Principles 4 is here
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. ...
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...
Report: Australian Infrastructure Investment Report 2019
Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects. ...
Allens advises on innovative $35m facility for gold producer
The facility will provide Ramelius with access to working capital and support for any corporate or asset acquisition it might conduct in the future. There is also scope to increase funding, subject ...
Allens continues winning streak across banking and finance league tables
For the first nine months of calendar year 2019, Allens topped Debtwire's Asia Pacific (ex-Japan) Lead Bank's Legal Counsel by volume and number of deals, as well as the Dealogic Regional Legal ...
Allens advises Santos on strategic natural gas and LNG acquisition
The transaction, once completed, will deliver Santos operatorship and control of the Darwin LNG facility (and associated mid-stream assets), the Bayu-Undan project and the Barossa project. The ...
Allens acts on the IPO for the Magellan High Conviction Trust and Magellan's institutional placement
Allens has advised Magellan Asset Management Limited, on an initial public offering for a new ASX-listed investment trust, the Magellan High Conviction Trust. ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
ASIC Corporate Governance Taskforce Report
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. ...