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AICD's guide for directors on governing through a cyber crisis
Insight 12 Mar 2024

The Australian Institute of Company Directors (AICD) published 'Governing through a cyber crisis: cyber incident response and recovery for Australian directors'. We provide our observations, commentary and suggested next steps. ...

Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
Insight 20 Feb 2024

The Australian Securities and Investment Commission (ASIC) has released guidance clarifying its expectations in relation to a bank, or other intermediary, pre-hedging derivative exposures.   ...

Sanctions Regime in Australia
Insight 20 Feb 2024

We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...

No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
Insight 20 Feb 2024

Just as the summer holidays began at the end of 2023, Justice Jackman of the Federal Court handed down judgment in ASIC v Zurich Australia Limited. ...

New FIDIC practice note on DAABs
Insight 04 Feb 2024

A new practice note on dispute avoidance and adjudication boards (DAABs) was released by the International Federation of Consulting Engineers (FIDIC) late last year. ...

New year review: contract resets in the infrastructure sector
Insight 29 Jan 2024

A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...

Optus decision highlights challenges for privilege claims over investigation reports
Insight 13 Nov 2023

Optus decision highlights challenges for privilege claims over investigation reports. ...

No sticker shock for automakers as High Court unpeels labelling case
Insight 14 Dec 2023

Earlier this week, the High Court handed down its unanimous judgment in the Mitsubishi fuel consumption labelling case, finding in favour of Mitsubishi. ...

Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
Insight 12 Dec 2023

In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...

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