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Expert or arbitrator? The line holds
Insight 28 Aug 2026

Expert determination clauses are increasingly common in commercial contracts, particularly those for construction, infrastructure and resources projects, and it is typical for such clauses to specify ...

Keeping up with human rights due diligence in 2026
Insight 06 Aug 2026

The environment in which businesses conduct human rights due diligence (HRDD) continues to evolve rapidly. Heightened regulatory requirements, emerging technologies and geopolitical disruption are res ...

Nuix v Berkshire Hathaway: Federal Court gives important guidance on multiple retentions in insurance policies.
Insight 29 Jul 2026

The Full Court of the Federal Court has dismissed an appeal by Nuix Limited, upholding the decision at first instance that where related claims made on a liability policy attract different retentions, ...

WA Court of Appeal reinforces strict timeframe to respond to SOPA payment claim
Insight 13 Jul 2026

In Co-Operative Bulk Handling v Martinus Rail, the Western Australian Court of Appeal confirmed that the time an emailed payment claim is made or given under the Building and Construction (Security of ...

ASIC v HCF Life: further guidance on unfair contract terms laws
Insight 25 Jun 2026

The Full Federal Court has provided further guidance on unfair contract terms laws, including in relation to the assessment of whether a term creates a significant balance and whether the term is reas ...

Enforcement action against the superannuation sector peaks in 2025
Insight 20 May 2026

This report provides an overview of the key regulatory and governance risks facing superannuation trustees in the year ahead. It outlines areas of heightened enforcement focus, upcoming legislative reforms and emerging obligations under prudential standards. It also highlights practical steps trustees can take to strengthen resilience and meet evolving expectations across governance, risk and member outcomes. ...

Seven key themes set to shape regulatory enforcement risk
Insight 21 Feb 2023

Legal and compliance leaders often ask us: what are the top enforcement risks we face and how can we prepare? In this report we cover the key themes running through regulatory enforcement activity in 2022 and what they will mean for you in 2023. Most sectors will be impacted by the seven key trends. ...

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