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A new enforcement landscape for Australian corporations in 2019 and beyond
Insight 10 Dec 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Interim Report and a raft of announcements at the federal level over the past 12 months point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond Partner Paul ...

ALRC's class action report - a 'canary in the coal-mine'?
Insight 30 Jan 2019

The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regimes original objectives Partners Jenny Campbell and ...

Design and distribution of financial products - regulating 'retail product distribution conduct'
Insight 30 Jul 2018

The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...

Corporate governance beyond shareholder interests
Insight 14 Aug 2018

The proposed 4th edition of the ASX Corporate Governance Principles amp Recommendations includes substantial changes to Principle 3 Instil the desired culture to focus squarely on social licence to operate with stronger reference to stakeholders beyond shareholders and specific recommendations on ...

A development from the English Court of Appeal regarding legal professional privilege in internal investigations
Insight 02 Oct 2018

In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...

Contract Law Update 2018
Insight 26 Mar 2019

This Insight examines the latest developments in contract law ...

Draft whistleblower legislation puts onus on big business
Insight 25 Oct 2017

Big business should be aware of mandatory publishing requirements for whistleblower policies and a reverse onus of proof for compensation which is among a raft of whistleblower reforms contained in draft legislation released following a Senate inquiry report Partner Rachel Nicolson and Associate ...

Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
Insight 24 Jan 2018

Understanding the global reach of anti-bribery and corruption regulation as well as the application of it within a specific jurisdiction is key to managing risk for international businesses Our global alliance partner with input from Allens examines 24 jurisdictions across the Asia-Pacific Europe ...

Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

Contract Law Update 2017
Insight 07 Mar 2018

The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...

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