The Australian Government, introduced a wave of new trade and financial sanctions measures against Russia in response to the situation in Ukraine. This is the first time in living memory that a major economy has been subject to such wide-ranging sanctions, with implications for a range of industries. ...

The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...

Organisations today are both blessed and cursed with extraordinary amounts of data. The responsibility for information security and data governance starts and ends with the board and senior management. We offer a handbook to help navigate duties and liabilities and a checklist of questions directors should be asking. ...

The final anticipated amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) have been passed in the nick of time, making their way through the Senate in its last sitting before the 2022 Federal Election. These latest amendments introduce new and enhanced obligations for risk management programs and security respectively, and the concept of ‘systems of national significance’. ...

Coming off a busy 18 months or so – with the number of reforms too long to count on all fingers and toes – superannuation trustees could be forgiven for wanting to take an extended holiday from regulatory change. But with Parliament prorogued ahead of the election, now is a chance for trustees to take stock of the regulatory reforms slated for 2022. In this Insight, we provide a snapshot of the key reforms. ...

In PE Horizons 2021, we predicted the year could be one of, if not the, busiest years ever for dealmakers in Australia. Although our prediction proved to be correct, to the surprise of many, traditional PE investors had a relatively mixed ...

The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...

The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...

With 2022 now in full swing and the due date for AUSTRAC compliance reports just around the corner (on 31 March 2022), we take a look at some recent changes to the form and how they will affect reporting entities. ...

Alongside record flows into sustainable funds and investments, growing attention on ESG presents opportunities and challenges for investors and fund managers alike. Watch our latest video on key steps to harnessing the opportunities and mitigating the risks that ESG investing brings. ...