151-160 of 460 results
High Court holds that 'fair winds' permit recovery of expenditure wasted in constructing iconic aircraft hangar
In this Insight, we examine the differences between the various judges' reasoning and lay out what the implications are in practice. ...
Understanding 'adequate procedures' – a key element in Australia's foreign bribery law reforms
In the wake of the new 'failure to prevent' offence, the Commonwealth Attorney-General is required to publish guidance on the steps that can be taken to prevent an associate from bribing foreign publi ...
Federal Court and ASIC shine spotlight on supervisory and risk management requirements for CAR arrangements
In its recent decision in Australian Securities and Investments Commission v Lanterne Fund Services Pty Limited [2024] FCA 353, the Federal Court highlighted the risk of breach of the general obligations of Australian financial services (AFS) licensees under the Corporations Act 2001 (Cth) (the Act) ...
Key steps to prepare for the fifth edition of the ASX Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council (the Council) recently published the Consultation Draft for a fifth edition of the ASX Corporate Governance Principles and Recommendations (the Recommendations). ...
The expectation of continuous improvement in combating modern slavery
There is an expectation that businesses demonstrate continuous improvement in their response to modern slavery and reporting under Australia's Modern Slavery Act 2018 (Cth) (the MSA). ...
Hayne report – first impressions
Commissioner Hayne's recommendations may initially seem somewhat modest – they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. ...
It's finally here – BNPL to be incorporated into the existing consumer credit regulatory framework
In this Insight, we explain key elements of the Treasury Laws Amendment Bill 2024: Buy now, pay later (the Draft Bill) and canvass some of the issues that BNPL providers will need to consider. ...
Class action filings surge 43% in 2023
Consumer claims continued to dominate in 2023, accounting for 40% of filings, up from 32% last year, while shareholder claims dropped to 20% from 29% and employee claims remained stable at 15%. 'In ...
What's trending: board skills and diversity reporting
In this Insight, we examine the key trends in board skills and diversity reporting across Australia's top 50 ASX-listed entities over the last three years, provide an update regarding proposed changes to the ASX Corporate Governance Council's Corporate Governance Principles and Recommendations. ...
High Court provides guidance on class action waiver clauses
The High Court of Australia has unanimously found that a class action waiver clause sought to be invoked in the Ruby Princess class action was an unfair term under the Australian Consumer Law. We examine the reasoning behind the decision and assess its implications for class action defendants. ...