81-90 of 141 results
ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...
Retail banking remuneration review
The Australian Bankers Association last year commissioned Stephen Sedgwick to undertake a review of remuneration in retail banking ...
The efficacy of e-signatures
Allens has adopted e-signature using DocuSign as a service to clients. Senior Finance Counsel Diccon Loxton has written an article in two parts that examines the efficacy of e-signatures. ...
Supply chains and modern slavery: reporting on the rise
The release of the Attorney-Generals consultation paper on modern slavery in supply chains and the recent interim inquiry report on establishing an Australian Modern Slavery Act reflect how international standards around corporate respect for human rights are becoming enshrined in law Australian ...
Extraordinary new power proposed for APRA
The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...
Draft whistleblower legislation puts onus on big business
Big business should be aware of mandatory publishing requirements for whistleblower policies and a reverse onus of proof for compensation which is among a raft of whistleblower reforms contained in draft legislation released following a Senate inquiry report Partner Rachel Nicolson and Associate ...
Last minute increase to scheme consideration - a more flexible approach?
A recent Federal Court decision shows a pragmatic approach by the court, in relation to takeover bids effected by way of scheme of arrangement ...
Treasury proposes tougher penalties for corporate and financial sector misconduct
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 ...
ASIC tweaks employee incentive scheme relief
Various amendments to ASICs employee incentive scheme class order relief have now come into effect Described by ASIC as minor and machinery in nature the clarifications and improvements were prompted in part by market feedback Partner Greg Bosmans looks at the changes ...
The ASIC Enforcement Review Taskforce unloaded
The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...