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What this means for risk, compliance & personal accountability
Issues

The BEAR It comes as no surprise that one of the key ways in which the Final Report recommends the need for greater personal accountability be addressed is by the expansion of the BEAR. Specifically, the Commissioner has recommended that: ...

ALRC's class action report - a 'canary in the coal-mine'?
Insight 30 Jan 2019

The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regimes original objectives Partners Jenny Campbell and ...

A new enforcement landscape for Australian corporations in 2019 and beyond
Insight 10 Dec 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Interim Report and a raft of announcements at the federal level over the past 12 months point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond Partner Paul ...

Class action amounts to multiple claims under insurance policy
Insight 03 Dec 2018

The decision in a recent Supreme Court of New South Wales case where indemnity was sought for costs incurred defending and settling a class action highlights a potential gap in coverage under civil liability insurance policies Partner Louise Jenkins Senior Associate Julia Clemente and Lawyer Calypso ...

Report: Class Action Risk 2018
Insight 26 Nov 2018

Class action risk continues to increase and is becoming more complex than ever before. Assessing this risk for your organisation is extraordinarily challenging and requires a broad-based perspective of the broader class actions landscape. ...

Competing class actions - no 'one size fits all' solution
Insight 22 Nov 2018

The Full Federal Court has held that when the court is faced with multiple competing class actions in relation to the same issue it can choose one to proceed and stay the others In doing so it said that there is no one size fits all solution to the problem of competing class actions and that ...

A development from the English Court of Appeal regarding legal professional privilege in internal investigations
Insight 02 Oct 2018

In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

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 ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

Competition news
Insight 19 Sep 2018

In Touch looks at what's been happening in Competition this month and what it means for your business ...

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