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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 ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

Trade mark owners beware
Insight 28 Aug 2017

The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...

Linklaters Insights: Business Crime Quarterly
Insight 19 Jan 2018

In the Business Crime Quarterly Autumn 2017 edition our global alliance partner Linklaters examined the extent to which international regulators and prosecutors are increasingly working together to tackle economic crime We contributed summaries on the recently published judgment in the Tabcorp civil ...

Summary dismissal for theft found to be unfair
Insight 01 Nov 2017

A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...

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 ...

Release of exposure draft of mandatory data breach notification laws
Insight 08 Dec 2015

The Federal Government has taken the first step in fulfilling its promise to introduce a mandatory data breach notification scheme Under an exposure draft of the proposed legislation companies will be required to notify the Office of the Australian Information Commission and affected individuals of ...

Clarification on the meaning of 'personal information'
Insight 01 Feb 2016

The AAT has overturned the Grubb determination of the Commonwealth Privacy Commissioner and found that mobile network data from an individual's phone activity does not constitute 'personal information' under the Privacy Act ...

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