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Understanding 'adequate procedures' – a key element in Australia's foreign bribery law reforms
Insight 07 May 2024

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 ...

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. ...

A series of 'firsts' under the National Electricity Law
Insight 03 Mar 2015

The Federal Court has issued the first court-ordered civil penalties for breaches of the National Electricity Rules demonstrating a willingness to apply an agreed pecuniary penalty negotiated by regulators and respondents This decision is important not just to the energy sector but also to ...

Key steps to prepare for the fifth edition of the ASX Corporate Governance Principles and Recommendations
Insight 12 Apr 2024

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
Insight 09 Apr 2024

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). ...

Class action filings surge 43% in 2023
News 19 Mar 2024

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
Insight 12 Mar 2024

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. ...

ASIC releases paper on collective action by institutional investors
Insight 26 Feb 2015

ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...

Superannuation-guarantee amnesty, and proposed modern slavery legislation
Insight 31 Jul 2018

Two important pieces of draft legislation under Federal consideration are how employers deal with historical superannuation contribution shortfalls, and the possible requirement of employers to report on modern slavery risks and practices in their workforce and supply chains. ...

'Fraud on the market' theory survives challenge in the US
Insight 26 Jun 2014

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...

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