361-370 of 1158 results
Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...
Providing financial services 'fairly'
The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...
Disclosure of climate-related financial risk: major change is imminent
There has been a global proliferation of voluntary reporting standards that companies might adopt with respect to disclosure of climate change-related financial risk. ...
Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
OAIC's landmark case against Facebook to have major implications on Privacy Act
As Privacy Awareness Week this year called for individuals to #rebootyourprivacy and debate continues over the privacy protections for the COVIDSafe application, another step has been taken in the Australian Information Commissioner's (Commissioner) landmark case against Facebook, Inc and Facebook Ireland Ltd (together, Facebook) which will have major implications for the Privacy Act 1988 (Cth) (Privacy Act) and digital businesses operating from offshore entities. ...
Good practice for exchange traded products: ASIC updates INFO 230 'Exchange traded products: Admission guidelines'
On 15 April 2020, the Australian Securities and Investments Commission (ASIC) released updated INFO 230 Exchange traded products: Admission guidelines (INFO 230) which outlines ASIC's view of good practices to help ensure that admission and monitoring standards for exchange traded products (ETPs) continue to support fair, orderly and transparent markets. ...
Federal Court refuses to order disclosure of class action respondent's insurance policies
In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...
The when and what of the new breach reporting regime
All signs point to the final tranche of the Hayne Royal Commission exposure draft Bills being introduced before the end of the year, and their focuses will include something that is a favourite topic here at Unravelled, and is of considerable interest to our clients – breach reporting. We explain the new regime's timing and effects. ...
COVID-19 and class action risk – some (early) lessons for Australia from overseas
As COVID-19 spreads throughout Australia and the world, its impact is being felt across every industry. With the pandemic at a relatively early stage, the virus has disrupted supply chains and shuttered businesses, resulting in record levels of unemployment and unprecedented market volatility. ...