1-10 of 118 results

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
Insight 26 May 2020

The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...

A 'high risk' jurisdiction: climate change and directors' duties
Insight 26 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. ...

Workplace manslaughter: Victoria's new workplace crime
Insight 03 Jul 2020

Under Victoria's new offence of workplace manslaughter, if a corporation or officer (which can extend to senior managers) is negligent and that results in a fatality, there will be a risk of criminal prosecution. Individuals will risk a lengthy sentence of imprisonment. ...

Continuous disclosure during COVID-19: shining the spotlight on earnings and debt
Insight 06 Apr 2020

In its latest compliance update, ASX reiterated that entities in financial difficulty (including with respect to their debt arrangements) will receive no special treatment. On earnings guidance, it was acknowledged that many listed entities have taken the opportunity to withdraw guidance issued before the outbreak of COVID-19. ASX also strongly encouraged entities to review their published guidance in light of COVID-19 and to either update it if it was not current or withdraw it in this highly uncertain climate. ...

Responding to COVID-19: your questions answered
Insight 13 Jul 2020

In light of the global outbreak of coronavirus (COVID-19), many businesses are confronted with questions about the legal and regulatory implications. Here we address the most pressing questions being asked across the business landscape. ...

Targeting net zero: climate change is putting governance to the test
Insight 16 Jun 2020

It is a financial imperative to actively navigate the risks and opportunities that the carbon transition presents. It follows, therefore, that corporate strategy in relation to climate risks and opportunities is no longer appropriately housed solely in Environmental, Social and Governance (ESG) or s ...

COVID-19 and continuous disclosure: how you get ready
Insight 10 Mar 2020

It is critical that listed entities understand how COVID-19 is likely to impact their businesses and are prepared to make necessary disclosures to the ASX. To date, the majority of ASX-listed entities have not made any disclosure in relation to COVID-19. In this update we have set out a number of scenarios that should be considered by listed clients as part of the proper and ongoing assessment of the need for disclosure under the ASX Listing Rules. ...

Corporate PPAs: questions to ask, traps to avoid
Insight 26 May 2020

As electricity prices rise and we move towards a carbon‑constrained future, companies are looking for ways to manage their exposure to changing electricity prices and to purchase electricity from renewable sources. Generators are also looking beyond retailers as potential offtakers to support the de ...

Disclosure of climate-related financial risk: major change is imminent
Insight 26 May 2020

There has been a global proliferation of voluntary reporting standards that companies might adopt with respect to disclosure of climate change-related financial risk. ...

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