461-470 of 716 results
Design and distribution of financial products - regulating 'retail product distribution conduct'
The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...
1 July 2018 changes affecting employers, and public consultation opens on Western Australia's WHS reforms
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 ...
Superannuation-guarantee amnesty, and proposed modern slavery legislation
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. ...
US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
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 ...
Corporate governance beyond shareholder interests
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 ...
Competing class actions - a problem in need of a solution
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
ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...
A development from the English Court of Appeal regarding legal professional privilege in internal investigations
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 ...
Sidestepping arbitration clauses - a potentially explosive business!
The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...
Civil penalties: are negotiated outcomes still negotiable?
A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...