71-80 of 131 results
Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
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. Â ...
No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
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 year review: contract resets in the infrastructure sector
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. ...
No sticker shock for automakers as High Court unpeels labelling case
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
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. ...
Are data breaches a money laundering and terrorism financing risk?
The Australian Transaction Reports and Analysis Centre has published new guidance recommending that reporting entities assess the potential impact of data breaches on the money laundering and terrorism financing risks they face. In this Insight, we explain the new guidance and what it means. ...
Optus decision highlights challenges for privilege claims over investigation reports
Optus decision highlights challenges for privilege claims over investigation reports. ...
Whistling in the wind: clarification on the limited retrospective application of the corporate and tax whistleblower protection regime
The Full Court of the Federal Court of Australia has unanimously determined that the updated whistleblower protections that came into effect on 1 July 2019 do not apply to detrimental conduct engaged ...
Best practice approach to communications between principals and superintendents
This Insight sets out practical tips on achieving best practice communications between principals and superintendents in order to avoid any perception of bias, and summarises recent case law on the consequences of failing to heed this guidance. ...
A twist in the road for auto class actions
This Insight summarises our key takeaways from the decision and includes our reflections on the implications for the class action risk facing automakers. ...