1621-1630 of 1912 results
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...
RBB Economics conference – response to keynote speech by ACCC Chair Rod Sims 21 November 2019
Note: this paper represented the personal views of the author, and not those of Allens Thank you very much, George and RBB Economics, for inviting me to speak today. I am honoured to be responding to the ACCC Chair Rod Sims's speech at the ninth annual RBB Economics Conference. ...
New laws on gift cards – what you need to know now
Federal laws imposing a three-year minimum expiry date on gift cards sold in Australia came into effect last week, but certain state laws relating to gift cards also remain. This Insight explains the key principles businesses need to know about, and includes a quick guide to how the laws compare. ...
First shareholder class action judgment
The Federal Court has handed down the first judgment in a shareholder class action. There is plenty in the decision for board members and senior executives to consider in the application of the continuous disclosure laws. ...
NSW Government to prohibit scope 3 greenhouse gas emissions conditions
Conditions of development consent regulating scope 3 greenhouse gas (GHG) emissions outside Australia will be prohibited under proposed legislation introduced into the NSW Parliament. The draft legislation forms part of a package of measures announced by the Deputy Premier to provide certainty for mining investment, which includes continuing the previously announced review of the Independent Planning Commission (IPC). ...
The proposed PNG strata title scheme – what will change?
In a development that is especially relevant to property developers and financial institutions, draft legislation to introduce a Papua New Guinea strata title scheme has been released. ...
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
ASIC Corporate Governance Taskforce Report
ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...
UltraTune penalty put in reverse; record penalties for vocational course provider; and ACCC's coal cartel appeal comes cascading down
The ACCC's litigation against Ultra Tune raises an array of implications for customer loyalty schemes. ...