831-840 of 890 results

The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
Insight 22 Nov 2019

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

Round 5: Superannuation
Issues 10 Feb 2019

Perhaps the biggest issue dealt with in the superannuation hearings is how various forms of conflicts create perverse incentives for trustees to not comply with their duties. ...

Round 4: Experiences with financial services entities in regional and remote communities
Issues 10 Feb 2019

During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...

The China-Australia Free Trade Agreement
Insight 21 Nov 2014

After almost 10 years of negotiations between the nations on 17 November 2014 Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement ChAFTA Once implemented the ChAFTA is expected to significantly reduce import barriers for ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Government and ASIC announcements for FinTech sector
Insight 23 Mar 2016

There were three announcements this week that will serve to bolster the emerging Australian FinTech sector The Government released a statement in support of FinTech as part of its National Innovation and Science Agenda while ASIC issued two sets of guidance an information sheet for providers of ...

Spotlight: Cyber breach at Target
Insight 05 Sep 2017

There's a joke in the cyber security industry that there are two types of companies: those that know they have been hacked, and those that haven't yet found out. In November 2013, Target Corporation in the US learned this the hard way when it was told by law enforcement agencies that it had been sub ...

Directors' duties and cyber resilience
Insight 05 Sep 2017

The Target data breach brought the liability of boards and directors in relation to cyber resilience into focus. Target's shareholders brought litigation against all of its directors, the chief financial officer and the chief information officer due to what was perceived as recklessness and disregar ...

Incoming Notifiable Data Breaches Scheme
Insight 05 Sep 2017

There is no current legal obligation under the Privacy Act to notify either the Privacy Commissioner or affected individuals where you suffer a data breach. However, mandatory data breach notification laws will take effect in Australia from 22 February 2018. ...

NSW to bolster cyber security
Insight 05 Sep 2017

The NSW Government has recently announced a new $11.4 million investment to address emerging technology challenges including cyber security. ...

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