2451-2460 of 4318 results
Energy regulation – a big stick for electricity and a white paper for gas
The Federal Government's 'big stick' energy Bill, which will define and prohibit several new types of misconduct in electricity markets, is progressing through Parliament. Meanwhile, COAG has instigated a holistic review of gas pipeline regulation and is considering improvements to transparency meas ...
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
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. ...
ASIC Corporate Governance Taskforce report; ASX listing rules update; ACCC cartel immunity and cooperation policy update; High Court considers financial assistance prohibition; and other corporate law developments
This Insight examines the latest developments in corporate law ...
Inherent or relevant: changes in assessing job applicants with criminal records
The federal law test to assess job applicants with criminal records has changed. It's no longer necessary to show that the criminal record means an applicant is unable to perform the 'inherent requirements' of their role – the question is whether the criminal record is 'relevant' to the role. ...
Make no mistake (lest you are sacked): FWC rules on safety incident dismissal
The Full Bench of the Fair Work Commission decided that a crane operator's sacking for a 'significant' safety incident was a fair and proportionate response, despite a working relationship of almost four decades. ...
Furniture retailers punished for 'was/now' pricing claims; Mazda faces allegations of consumer law failings; and location data under the lens in ACCC case against Google
Furniture retailers fined for false 'was/now' pricing claims; Mazda defends claims of unconscionable conduct and false or misleading representations over faulty vehicles; Unique ordered to pay millions in damages over its funded diploma courses; ACCC presses Google on its policies relating to location data; and ACCC approves ANZ Terminals' acquisition of GrainCorp Bulk Liquid Terminals. ...
New laws on gift cards – what you need to know now
Federal laws imposing a three-year minimum expiry date on gift cards sold in Australia came into effect last week, but certain state laws relating to gift cards also remain. This Insight explains the key principles businesses need to know about, and includes a quick guide to how the laws compare. ...
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. ...
Reputation on the line: the importance of getting award compliance right
With talk of wage theft becoming a criminal offence, this month's Senate approval of a wage and superannuation theft inquiry, and the increasing number of large employers being named and shamed for underpayments, there has never been a more important time for employers to check they are meeting their obligations – including compliance with modern awards. ...
Finding focus – ACCC makes another move on disclosure of data practices
In a trail-blazing and world-leading move, the ACCC has commenced proceedings against Google, alleging that it engaged in misleading conduct, and made false or misleading representations to consumers about how and when it collects, keeps and uses their personal information in relation to location data. It is the first case brought globally to probe Google's approach to location data collection, and is likely to increase the focus on consumer awareness of data use in digital markets. ...