401-410 of 463 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. ...
RG 272 – bringing order through product intervention
Following its consultation in June last year, ASIC has now published RG 272, setting out ASIC's approach to using its product intervention powers. In this update, we examine the scope of this power and the accompanying regulatory guidance. ...
Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...
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 growing tide? Climate change class action proceedings issued against the Federal Treasury
Australia is becoming front and centre as a forum for activist climate change litigation against corporates, financial institutions and government. We assess the significance of these proceedings and outline the key questions your organisation and its Board should be asking. ...
Mandatory binding arbitration of tax disputes
This is a guide to the process, procedure and effect of mandatory binding arbitration under Australia's tax treaty network. ...
After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...