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Another year of relief for foreign financial service providers – but the relief saga continues
Insight 05 Aug 2022

In this Insight, we cover what the extension of the existing licensing relief means for FFSPs; what the Bill (and its lapsing) means for FFSPs; and what options are available to FFSPs moving forward. ...

Aged care reform: back on the agenda
Insight 05 Aug 2022

In this Insight, we focus in on the key regulatory enforcement and provider governance reforms to be implemented under the Royal Commission Response Bill and the implications for approved providers. ...

Corporate criminal liability: a guide for boards and senior management
Insight 03 Aug 2022

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. ...

M&A trends in the food and beverage sector: ESG, innovative agriculture, craft beer and plant-based alternatives
Insight 28 Jul 2022

With ESG front of mind, we take a deep dive into some of the M&A trends within the food and beverage sector and outline some key factors that we expect to attract global investment in the years to come. ...

New Aim Pty Ltd v Leung: assisting expert witnesses – how much is too much?
Insight 25 Jul 2022

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. ...

Class action funding revisited – litigation funding schemes held to not be Managed Investment Schemes
Insight 20 Jun 2022

The Full Federal Court has held that litigation funding agreements are not 'managed investment schemes' (MIS), overturning its own more than decade-old decision in Brookfield Multiplex. ...

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

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. ...

New ASIC guidance on how superannuation and managed funds can avoid 'greenwashing'
Insight 16 Jun 2022

Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...

Post-election class action reform: easing the pressure on litigation funders
Insight 27 May 2022

Several recently enacted and proposed reforms to the class action regime hang in the balance following the change of government in the 2022 Federal Election. ...

What the wide-ranging sanctions on Russia mean for your organisation
Insight 19 May 2022

The Australian Government, introduced a wave of new trade and financial sanctions measures against Russia in response to the situation in Ukraine. This is the first time in living memory that a major economy has been subject to such wide-ranging sanctions, with implications for a range of industries. ...

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