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The Workpac decision – are your casuals really casual?
Insight 05 Sep 2018

The Full Federal Court in WorkPac Pty Ltd v Skene [2018] recently decided that a casual fly-in fly-out labour hire worker was not really a casual and was therefore entitled to annual leave. ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...

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 ...

Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

Competing class actions - no 'one size fits all' solution
Insight 22 Nov 2018

The Full Federal Court has held that when the court is faced with multiple competing class actions in relation to the same issue it can choose one to proceed and stay the others In doing so it said that there is no one size fits all solution to the problem of competing class actions and that ...

New APRA prudential standard raises bar for information security obligations and incident notification requirements
Insight 15 Nov 2018

As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...

The ins and out (goings) of responsible lending
Insight 13 Nov 2018

Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...

Class action amounts to multiple claims under insurance policy
Insight 03 Dec 2018

The decision in a recent Supreme Court of New South Wales case where indemnity was sought for costs incurred defending and settling a class action highlights a potential gap in coverage under civil liability insurance policies Partner Louise Jenkins Senior Associate Julia Clemente and Lawyer Calypso ...

Comments invited on proposed retirement income product disclosure
Insight 20 Dec 2018

Treasury has released a consultation paper on a new proposed simple standardised product disclosure document as part of the Federal Governments framework for Comprehensive Income Products for Retirement ...

ALRC's class action report - a 'canary in the coal-mine'?
Insight 30 Jan 2019

The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regimes original objectives Partners Jenny Campbell and ...

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