371-380 of 1172 results

Shareholder resolutions
Insight 25 May 2020

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 ...

Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
Insight 26 May 2020

The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...

What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

Retail banking and responsible lending during COVID-19
Insight 31 May 2020

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. ...

A 'high risk' jurisdiction: climate change and directors' duties
Insight 25 May 2020

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. ...

Increasing climate litigation and shareholder action expected
Insight 25 May 2020

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. ...

State of trade: COVID-19's impacts on trade regulation and supply chain risks
Insight 24 May 2020

The COVID-19 pandemic has impacted many aspects of international commerce, and will continue do so for some time. In this Insight, we discuss three critical trade-related impacts of the pandemic on Australian businesses. ...

Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
Insight 28 May 2020

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'
Insight 29 May 2020

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. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

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