21-30 of 122 results

ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
Insight 15 Nov 2019

The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...

If in doubt, get the whitewash out
Insight 11 Oct 2019

The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...

ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Right here, right now; the CDR regime is live
Insight 02 Aug 2019

The Consumer Data Right Act (CDR Act) has been passed. Legal, risk & compliance and IT teams should be across the changes, especially those in the finance, banking, energy and telco industries. ...

New draft APRA Prudential Standard (CPS 511) set to reshape group-wide remuneration frameworks and incentive arrangements for ADIs, superannuation funds and insurers
Insight 29 Jul 2019

APRA has released a discussion paper on its new prudential standard on remuneration which will have far-reaching implications for variable remuneration structures across all APRA-regulated entities. ...

Trend Watch: beta testing – a new software procurement strategy?
Insight 03 Jul 2019

Software company Palantir Technologies was recently announced as the US Army's choice to deploy a complex combat intelligence system valued at US$800 million. This followed Palantir's commercial off-the-shelf solution initially being rejected in favour of competitor Raytheon's developmental, customi ...

Final APRA Guidance on Information Security (CPG 234) released – are you prepared?
Insight 27 Jun 2019

APRA has released the updated final version of its Prudential Practice Guide, which gives crucial context about how it views cybersecurity threats. ...

ASX Corporate Governance Principles and Recommendations: 4th edition - what do they mean for you?
Insight 01 Mar 2019

The 4th edition of the ASX Corporate Governance Principles and Recommendations focuses strongly on the link between culture, values and community expectations, consistent with the themes that emerged from the Royal Commission. ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...

Corporate law developments
Insight 11 Sep 2018

Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...

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