4141-4150 of 4478 results
Babcock & Brown - a market disclosure claim decided
The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...
Data deal - mandatory data breach notification laws to be introduced as trade-off for controversial metadata retention regime
The Federal Government in a surprising and highly significant move for companies in Australia has committed to enacting a mandatory data breach notification scheme before the end of 2015 which will apply to all Australian companies currently subject to the Privacy Act The proposal is not limited to ...
First enforceable undertaking under new privacy laws
Optus has become the first organisation to enter into an enforceable undertaking with the Privacy Commissioner since reforms to the Privacy Act took effect in March 2014 Partner Michael Pattison and Associate Byron Frost examine the circumstances surrounding Optuss voluntary data breach ...
New energy certificate exemptions for sellers and landlords
From 1 July 2015 sellers and landlords will be able to enter into sales and leases which are the result of unsolicited offers or which involve only wholly-owned subsidiaries without the need to first provide a building energy efficiency certificate following amendments to federal legislation Partner ...
Proposed Changes to ASX Guidance Note 8 on Continuous Disclosure
The ASX has released a consultation paper on proposed changes to Guidance Note 8 related to analysts and investor briefings analysts forecasts consensus estimates and earnings surprises ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...
Nudge, nudge, think, think - ASIC and behavioural economics
In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...
Timing is everything: Major shareholders exclusions in D&O insurance policies
A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...
Protecting the financial system from cross-border contagion
In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...