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Seeking cover under pressure
Insight 02 Mar 2022

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. ...

Class action risk 2022
Other

Class action risk is changing. While filings remain high, consumer claims now dominate and, for the first time in over a decade, the banking sector is not the biggest target.  ...

Enforcement and litigation risk in insurance
Other

There is a growing appetite for litigation and regulatory enforcement in the insurance industry. In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Financial Services ...

Global ESG themes shaping the Australian legal outlook
Insight 02 Feb 2022

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. ...

Emerging ESG disputes risks and key mitigation strategies
Insight 16 Nov 2021

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
Insight 25 Oct 2021

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
Insight 15 Sep 2021

The Supreme Court of Victoria has provided significant first guidance on the operation of its new group costs order regime for class actions. ...

Contract law update
Insight 03 Mar 2021

In this year's Contract Law Update we will look at the most significant recent judgment of Australian appellate courts and the most relevant cases. ...

Another decision on adverse costs orders in employment class actions: should you expect a 'chilling effect' on employment class action risk?
Insight 15 Apr 2021

Duck v Airservices Australia (No 3) is the latest in a series of cases that have grappled with the intersection of employment class actions, litigation funders and the traditionally 'no costs' jurisdiction of the Fair Work Act. We examine the decision and its potential impacts on employment class action risk. ...

International Arbitration: Spain's claim for sovereign immunity rejected?
Insight 08 Feb 2021

The Full Court of the Federal Court has held that foreign sovereign immunity did not apply to prevent parties from seeking recognition of an arbitral award against Spain. We examine Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. and its implications. ...

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