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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 ...

Investor-state dispute settlement and the China-Australia Free Trade Agreement
Insight 21 Nov 2014

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 ...

Broader reform themes evident in ASIC's forestry schemes submission
Insight 22 Oct 2014

ASICs Senate submission on forestry schemes has emphasised important regulatory reform themes with implications for managed investment schemes and financial services regulation more generally Partner Marc Kemp Consultant Derek Heath and Lawyer Patrick Boyle report ...

Predictive coding gets green light from an Australian court
Insight 09 Dec 2016

The Victorian Supreme Court recently handed down the first decision of an Australian court to specifically consider and approve the use of predictive coding technology in a large-scale discovery exercise Partner Nick Rudge Managing Associate Kate Austin and Applied Legal Technology Manager Lisa ...

Privilege during class action investigations - no client required
Insight 02 Sep 2016

Our recently released Class Action Risk 2016 report highlights the effect of lawyer and funder entrepreneurialism on the class action landscape Last weeks decision in the ongoing confidentiality dispute between IOOF Holdings Limited and Maurice Blackburn has provided a rare insight into the way ...

25 years of class actions
Insight 27 Mar 2017

Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...

Recent decision on FoFA advice provisions - ASIC v NSG
Insight 05 May 2017

The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...

Grizzly times ahead for banks
Insight 14 Jul 2017

A consultation paper on the BEAR has been released confirming the Federal Governments intention to impose an executive accountability regime on banks and their subsidiaries that follows important elements of current international accountability regimes You have three weeks to provide your comments ...

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