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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 ...

US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
Insight 20 Jul 2018

In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...

Superannuation-guarantee amnesty, and proposed modern slavery legislation
Insight 31 Jul 2018

Two important pieces of draft legislation under Federal consideration are how employers deal with historical superannuation contribution shortfalls, and the possible requirement of employers to report on modern slavery risks and practices in their workforce and supply chains. ...

1 July 2018 changes affecting employers, and public consultation opens on Western Australia's WHS reforms
Insight 31 Jul 2018

Several changes relevant to employers took effect on 1 July 2018, including in relation to minimum rates of pay, the high income threshold, the superannuation maximum contribution base and penalty rates in certain industries. Separately, WA has moved a step closer to a modernised Work Health and Saf ...

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 ...

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 ...

Competing class actions - a problem in need of a solution
Insight 20 Aug 2018

As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

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