31-40 of 159 results
Tightening the net: increased director liability for environmental crimes in NSW
The recently passed Environmental Legislation Amendment Act 2022 (NSW) (the Amendment Act) exposes directors and managers of companies to additional criminal and civil liability for breaches of environmental laws. It is now more important than ever that companies have robust processes in place to ensure they are operating in an environmentally satisfactory manner. It is also critical for directors and managers (and those who advise directors and management) to understand their potential exposure to criminal liability for actions taken (or not taken) by companies. ...
ASIC's review into responsible entity governance
In ASIC's 2021-2025 corporate plan published in August last year, ASIC identified the governance of managed investment schemes and responsible entities as an area of focus to reduce the risk of harm to investors exposed to poor governance. ...
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. ...
Long-awaited sanctions reform may result in more dispersed sanctions risk
Last year, the Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade (the committee) recommended enacting legislation to establish a worldwide human rights sanctions regime. Last week, the government's response was tabled in Parliament. ...
Anti-bribery laws and deferred prosecution agreements
The Australian Government is via two new consultations proposing wide-ranging reforms to tackle the challenges that it faces in detecting and prosecuting serious corporate crime ...
New opportunities for charities as 'directness' requirement ruled out
The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...
ESG activism is growing – what should boards do?
ESG-related interests of stakeholders are impacting the governance arrangements of large listed companies. We look at why this is important for boards, and what steps they can take to mitigate becoming the target of this type of activist campaign. ...
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 ...
The 'Say On Climate' - what do boards need to know?
As we enter the 2021 AGM season, it is clear that climate-related issues will remain a key focus for listed entities and their shareholders. ...
A new rights-based approach: the Aged Care Royal Commission delivers its blueprint for radical reform
The Royal Commission into Aged Care Quality and Safety issued its Final Report, which recommends significant change through the creation of a new aged care system aimed at placing people at the centre of aged care. The recommendations are wide ranging. ...