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Your jointly proposed pecuniary penalty may not be appropriate
Insight 27 Apr 2021

The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...

Allens advises Quantium on its expanded partnership with Woolworths Group
News 26 Apr 2021

Under the transaction, Woolworths Group will increase its shareholding in Quantium from 47 per cent to 75 per cent, with Quantium founders and team members retaining 25 per cent of the business. ...

Nucleus – corporate law developments: ASIC 'no action' position on virtual meetings; legislative clarification on the definition of casual employee; and other updates
Insight 21 Apr 2021

ASIC takes 'no action' position on virtual meetings but no such luck for electronic signatures; Fair Work Act amendments clarify the definition of casual employment; ASX Listing Rule amendments to commence from 5 June 2021; ASX updates Guidance Note 19: Performance Securities; Takeovers Panel remakes procedural rules; APRA provides guidance to ADIs on the use of indemnities in divestment transactions. ...

Nucleus – corporate law developments: ASIC restricts effectiveness of certain director resignations; new ASIC whistleblower immunity policy; and other updates
Insight 21 Mar 2021

ASIC restricts effectiveness of director resignations and introduces new whistleblower immunity policy; FIRB commences evaluation of changes to foreign investment laws; ACCC flags further reform of merger review process in 2021; lapsing of electronic signing and virtual meeting protocols ...

Investor state arbitration and the environment: preparing for change in 2021 and beyond
Insight 14 Mar 2021

The overlap between international investment and environmental protection is expanding, eg with environmental protection provisions featuring in recent International Investment Agreements (IIAs) and international Free Trade Agreements (FTAs), and environment-related investor-state disputes. ...

A new rights-based approach: the Aged Care Royal Commission delivers its blueprint for radical reform
Insight 05 Mar 2021

The Royal Commission into Aged Care Quality and Safety issued its Final Report, which recommends significant change through the creation of a new aged care system aimed at placing people at the centre of aged care. The recommendations are wide ranging. ...

In Touch: $24m fine for criminal cartel charge; ACCC's interim report into digital advertising services; Kogan penalised for misleading discounts; and other developments
Insight 24 Feb 2021

Wallenius Wilhelmsen Ocean AS fined $24m for criminal cartel charge; ACCC's interim report into digital advertising services; Kogan penalised for misleading discounts; Facebook and Onava allegedly mislead consumers; and Lorna Jane 'virus activewear' examined in court. ...

Trends in corporate crime and what you can expect in 2021
Insight 22 Feb 2021

We bring you an update on recent trends in the corporate crime space in Australia, with a focus on enforcement priorities and activities, proposed law reform and emerging risks in 2021 and beyond. ...

International Arbitration: Spain's claim for sovereign immunity rejected?
Insight 08 Feb 2021

The Full Court of the Federal Court has held that foreign sovereign immunity did not apply to prevent parties from seeking recognition of an arbitral award against Spain. We examine Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. and its implications. ...

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