401-410 of 447 results
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 ...
Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
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
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. ...
Defamation in the digital age – beware of social media comments
The NSW Court of Appeal has recently reaffirmed the ruling that administrators of public Facebook pages can be held liable as publishers of comments posted to their pages by members of the public. ...
Sachin hits Spartan for six
The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...
Workplace manslaughter: Victoria's new workplace crime
Under Victoria's new offence of workplace manslaughter, if a corporation or officer (which can extend to senior managers) is negligent and that results in a fatality, there will be a risk of criminal prosecution. Individuals will risk a lengthy sentence of imprisonment. ...
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. ...
Good practice for exchange traded products: ASIC updates INFO 230 'Exchange traded products: Admission guidelines'
On 15 April 2020, the Australian Securities and Investments Commission (ASIC) released updated INFO 230 Exchange traded products: Admission guidelines (INFO 230) which outlines ASIC's view of good practices to help ensure that admission and monitoring standards for exchange traded products (ETPs) continue to support fair, orderly and transparent markets. ...
OAIC's landmark case against Facebook to have major implications on Privacy Act
As Privacy Awareness Week this year called for individuals to #rebootyourprivacy and debate continues over the privacy protections for the COVIDSafe application, another step has been taken in the Australian Information Commissioner's (Commissioner) landmark case against Facebook, Inc and Facebook Ireland Ltd (together, Facebook) which will have major implications for the Privacy Act 1988 (Cth) (Privacy Act) and digital businesses operating from offshore entities. ...
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. ...