461-470 of 1186 results
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...
Goodbye, conflicted remuneration (and hello, conflicted remuneration)
This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...
Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...
The WTO decision against Australia – what the law on paper might mean in practice
At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...
Australia's Modern Slavery Act – one year on
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. ...
Federal Court homes in on Anti-Dumping Commission's calculation of duties on Chinese steel imports
In a rare appellate court decision dealing with anti-dumping law, the FFCA has clarified that the Anti-Dumping Commission's ability to calculate hypothetical amounts for the purposes of determining normal value is not at large, and must conform strictly with anti-dumping legislation ...
The Royal Commission heats up
The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry is well underway with its first round of public hearings wrapping up less than a month ago By reference to a number of case studies the first round of hearings focused on consumer lending practices In ...
Federal Court imposes highest penalty to date
The Full Federal Court has allowed the ACCCs appeal and imposed penalties of 46 million for cartel conduct on Japanese wire harness manufacturer Yazaki Corporation The penalty was increased to 46 million from 95 million on appeal and is the highest-ever penalty under the Competition and Consumer Act ...
Last minute increase to scheme consideration - a more flexible approach?
A recent Federal Court decision shows a pragmatic approach by the court, in relation to takeover bids effected by way of scheme of arrangement ...
2018-19 Federal Budget - superannuation
The 2018-19 Federal Budget has introduced a number of proposed superannuation-related changes, with a focus on protecting small balances, young members and existing retirees. ...