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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance.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 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. ...

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. ...

The Australian and Chinese governments have concluded negotiations on a free trade agreement that will reduce tariff barriers on the majority of Australian exports to China The Australian Department of Foreign Affairs and Trade has confirmed that the treaty will include an investor-state dispute ...

The closer you look at the recent discussion about product intervention powers for ASIC the clearer it becomes that the discussion has little basis in fact ...

Draft legislation has been released that contains details of the Exploration Development Incentive announced as part of the 2014-15 Federal Budget The scheme is designed to encourage equity investment in greenfield explorers by enabling explorers to issue exploration credits to its investors Partner ...

FTSE 100 companies have consulted far more widely with their shareholders on board pay and there have been far fewer shareholder revolts on pay as a result These are among the key findings of a Linklaters report analysing how FTSE 100 companies - throughout the 2014 AGM season - have reacted to the ...

The Australian Prudential Regulation Authority has taken another step towards implementing its prudential framework for the supervision of conglomerate groups While it has made some new prudential standards that are specific to conglomerate groups and extended some of its existing standards to such ...

In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...