71-80 of 130 results
Laundy v Dyco – 'carrying on a business' when the law changes suddenly
The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...
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. ...
Sachin hits Spartan for six
The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
Corporate trustees: no fiduciary duty owed by a successor trustee to its predecessor
A recent New South Wales Court of Appeal judgment has resolved a difficult question concerning the law of corporate trustees, and serves as a practical reminder of the difficulties faced, in particular, by insolvency practitioners appointed to insolvent former trustees. ...
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. ...
Final report from the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has completed its inquiry into litigation funding and the regulation of the class action industry and released its much-anticipated final report earlier this week. ...