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Retail banking and responsible lending during COVID-19
Insight 31 May 2020

The sudden and unknown nature of COVID-19 has triggered a global economic shock, and disrupted Australia's economy. As we enter a national state of economic 'hibernation', banks and lenders are grappling with a sudden influx of relief requests from consumer and business customers. ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

Increasing climate litigation and shareholder action expected
Insight 25 May 2020

There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...

A 'high risk' jurisdiction: climate change and directors' duties
Insight 25 May 2020

Australian law requires certain standards of conduct of company directors, including that directors act in the best interests of the company and exercise care and diligence in performing their role. ...

OAIC's landmark case against Facebook to have major implications on Privacy Act
Insight 12 May 2020

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. ...

State of trade: COVID-19's impacts on trade regulation and supply chain risks
Insight 24 May 2020

The COVID-19 pandemic has impacted many aspects of international commerce, and will continue do so for some time. In this Insight, we discuss three critical trade-related impacts of the pandemic on Australian businesses. ...

Corporate PPAs: questions to ask, traps to avoid
Insight 25 May 2020

As electricity prices rise and we move towards a carbon‑constrained future, companies are looking for ways to manage their exposure to changing electricity prices and to purchase electricity from renewable sources. Generators are also looking beyond retailers as potential offtakers to support the de ...

Shareholder resolutions
Insight 25 May 2020

Shareholders are becoming increasingly aware of climate change risks. Since early 2017, both Australian and foreign companies have faced a wave of climate change-related shareholder activism. Ceres maintains a Climate and Sustainability Shareholder Resolutions Database, which at February 2020 showe ...

Good practice for exchange traded products: ASIC updates INFO 230 'Exchange traded products: Admission guidelines'
Insight 12 May 2020

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. ...

What courts and regulators expect from corporate compliance
Insight 22 May 2020

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. ...

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