31-40 of 176 results
A 'high risk' jurisdiction: climate change and directors' duties
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. ...
Recent developments in work health and safety
The latest issues, decisions and proposed changes impacting business and workplace risk. ...
TNFD Recommendations to prompt a step change in nature risk management and disclosure
The Taskforce on Nature-related Financial Disclosures recommendations (the TNFD Recommendations) provide a means to standardise nature-related risk management and reporting, and to capitalise on nature-related opportunities. ...
Federal Court decision highlights it's vital to get incentives right and have strong governance systems
The recent Federal Court decision ACCC v Telstra [2021] FCA 502 highlights an emerging risk area for boards and senior management in the use of incentive-based remuneration and sales targets for consumer-facing businesses ...
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...
Last minute increase to scheme consideration - a more flexible approach?
A recent Federal Court decision shows a pragmatic approach by the court, in relation to takeover bids effected by way of scheme of arrangement ...
Amendments reduce compliance burden for ASX-listed NZ companies
ASX has released a number of proposed amendments to the ASX Foreign Exempt Listing Rules that will significantly lower both the ongoing compliance burden and the admission thresholds for New Zealand companies already listed or seeking a listing on ASX Partner Robert Pick Senior Associate Georgie ...
Reporting significant breaches - or something that may (or may not) be a breach?
The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...
Whistling in the wind: clarification on the limited retrospective application of the corporate and tax whistleblower protection regime
The Full Court of the Federal Court of Australia has unanimously determined that the updated whistleblower protections that came into effect on 1 July 2019 do not apply to detrimental conduct engaged ...
Setting a new standard: a guide to APRA's operational risk management reforms
Given the tight timeframes proposed, APRA regulated entities should begin to review their operational risk management processes and arrangements against draft CPS 230 – see our practical implementation guide here. ...