Allens' market-leading team is uniquely placed to help clients navigate this environment and has expanded its capability across banking and financial services regulation with the addition of four n ...

There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. ...

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

Vietnams new Law on Bankruptcy will take effect from 1 January 2015 bringing in a number of changes including a new definition of bankruptcy Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ ...

With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...

The Australian and Chinese governments recently announced the conclusion of negotiations on the China Australia Free Trade Agreement According to DFAT Chinas financial services commitments under the agreement represent one of the most substantial market access undertakings China has agreed to with ...