401-410 of 451 results
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. ...
Permanent casual – like smart casual, a very ambiguous category indeed
In its widely anticipated decision, the Full Federal Court (Full Court) has decided that a labour hire employee was a permanent employee, despite being engaged as a 'casual' by a labour hire firm, WorkPac, for almost four years. ...
Should access to personal leave be permitted during stand downs?
On 18 May 2020, the Federal Court found that Qantas is not required to pay personal/carer's leave to employees stood down without pay during the COVID-19 pandemic. ...
WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
With an unprecedented number of employees now working from home due to the COVID-19 pandemic, employers must be increasingly alert to the work health and safety (WHS) implications arising out of these arrangements. ...
Even broad governmental powers have limitations - Brett Cattle Company Pty Ltd v Minister for Agriculture
The decision in Brett Cattle Company Pty Ltd v Minister for Agriculture serves as a timely reminder that there are limits on the exercise of seemingly broad governmental powers, and is especially relevant at a time where governmental powers are being used to respond rapidly to the COVID-19 crisis. ...
NSW turns up heat on developers of residential apartment buildings
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) has passed. For developers of residential apartment buildings, we take a look at the key changes and outline the actions you should take next. ...
Annual members' meetings for superannuation funds – physical, electronic hybrid or virtual?
In May, the Federal Treasurer used emergency powers to temporarily modify the Corporations Act 2001 (Cth) to facilitate the holding of public company shareholder meetings virtually, without any attendees required to be physically present. We take a look at the SIS Act requirements, ASIC statements, and the implications for holding members' meeting in the current environment. ...
EU Commission publishes AIFMD report – what does this mean for Australian wholesale fund managers?
The European Commission has finally published its report on AIFMD and, in doing so, considered the impact of AIFMD on AIFMs, AIFs and investors. The report is short, but gives some insight into how the key features of AIFMD have worked and the effect this has had on the market. ...
Nucleus corporate law developments: rapid legal and regulatory responses to COVID-19; ASIC consults on pre-IPO relief for voluntary escrow and pre-disclosure communications; ACCC outlines enforcement priorities for 2020; and other corporate law developments
Rapid legal and regulatory responses to COVID-19; ASIC consults on pre-IPO relief for voluntary escrow and pre-disclosure communications; ASX compliance update; FIRB flags potential fee refunds for COVID-19 application withdrawals; and ACCC outlines enforcement priorities for 2020 and permits coordination to respond to COVID-19. ...
Takeover response in a COVID-19 environment: it's about being prepared
COVID-19 continues to impact ASX-listed entities across all sectors. Among others, market volatility and uncertain business conditions have made M&A challenging in the immediate term. ...