51-60 of 342 results
Corporate criminal liability: a guide for boards and senior management
The risk for an organisation of being held liable for criminal activity is high on the agenda for directors, company officers and shareholders alike. Below is a handy overview of where it currently stands in Australia. ...
New Aim Pty Ltd v Leung: assisting expert witnesses – how much is too much?
In New Aim Pty Ltd v Leung the Federal Court of Australia rejected an expert report and oral evidence from a purportedly independent expert witness, on the basis that the solicitors who retained the expert had written her report. The case is a timely reminder of best (and worst) practices in the engagement of independent expert witnesses and the importance of preserving an expert's independence. ...
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...
Seeking cover under pressure
Over the past decade, there has been a significant increase in the pace and scale of regulatory investigations and enforcement activity, including a spate of high profile royal commissions and inquiries into potential wrongdoing by institutions, companies, and their directors and officers. ...
Global ESG themes shaping the Australian legal outlook
2022 will provide a practical demonstration of the appetite for ESG-led change that governments, major corporates and financial institutions all have, and how far this will feed into smaller businesses and everyday life. We explore key ESG themes shaping the legal outlook for businesses in 2022. ...
High Court ruling that 'backpacker tax' is discriminatory invites consideration of other potentially disapplied discriminatory tax provisions
In the recent decision of Addy v Commissioner of Taxation, the High Court ruled that the so-called 'backpacker tax' contravened the non-discrimination article contained in the double tax agreement between Australia and the United Kingdom (UK). ...
Emerging ESG disputes risks and key mitigation strategies
Pressure is emerging from multiple angles – regulation, investors, employees and communities – to have a proactive approach to ESG issues. In this Insight, we highlight current trends in ESG disputes and outline the key strategies companies should be implementing right now to mitigate ESG disputes risk. ...
Government response to class action inquiries
Last week, the Federal Government published its long-awaited response to the ALRC and Parliamentary Joint Committee on Corporations and Financial Services Report's inquiries into class actions. ...
The first word on group costs orders in class actions
The Supreme Court of Victoria has provided significant first guidance on the operation of its new group costs order regime for class actions. ...
The ESG remedy ecosystem – working backwards from an OECD National Contact Point complaint
A global increase in complaints under the OECD Guidelines for Multinational Enterprises (OECD Guidelines) to state-based National Contact Points (NCPs) shows that the OECD Guidelines are an established part of the toolkit for NGOs and civil society groups seeking to influence corporate behaviour and ...