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Linklaters Insights: Corporate Criminal Liability report
Insight 04 Oct 2016

As pressure from prosecution authorities increases it is becoming ever more important for international companies to be aware of the potential impact of criminal conduct committed by their executives and employees and the risks and liability the company may face as a result - not least in order to ...

Risk culture - 'an evolving area of supervisory practice'
Insight 03 Nov 2016

A director of a bank life company or general insurer who read APRAs recent information paper on risk culture could be excused for indulging in a wry smile Since mid-2015 he or she has been subject to legislative obligations concerning risk culture However the information paper suggests that APRA is ...

Competition news
Insight 15 Aug 2017

In Touch looks at what's been happening in Competition this month and what it means for your business ...

Major new corporate and financial sector penalties - what they mean for you
Insight 22 Feb 2019

New legislation that greatly increases penalties for corporate and financial sector misconduct will have wide-ranging and significant effects Partner Alex Mason Managing Associate Chris Kerrigan and Associate Rachele Troup report ...

State of trade - the regulatory impacts on your business in 2019
Insight 12 Feb 2019

If last year was anything to go by managing trade-related risk has never been more important to your business In 2018 we saw significant growth in regulatory actions undertaken globally in reliance on trade law with trade barriers at the forefront of both domestic and international policy-making ...

APRA releases 'constructively tough' Enforcement Approach
Insight 18 Apr 2019

In the wake of the Financial Services Royal Commission Royal Commission and the introduction of the Banking Executive Accountability Regime BEAR APRA has undertaken a review of its enforcement strategy The Enforcement Review Final Report APRA Final Report and an updated Enforcement Approach have now ...

Are CCIVS the beginning of the end for the Unit Trust's monopoly?
Insight 19 Sep 2018

The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...

Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

High Court affirms governments' power to pass 'draconian' seizure laws
Insight 10 Jun 2014

The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...

UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

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