321-330 of 1067 results

The simple case of the SIS Act 'best interests' obligation
Insight 29 May 2020

Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...

Financial advice relief – all talk and no-action
Insight 29 May 2020

We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...

Providing financial services 'fairly'
Insight 29 May 2020

The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...

Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
Insight 28 May 2020

In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...

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 ...

Increasing climate litigation and shareholder action expected
Insight 25 May 2020

There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...

A 'high risk' jurisdiction: climate change and directors' duties
Insight 25 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. ...

Corporate PPAs: questions to ask, traps to avoid
Insight 25 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 ...

Shareholder resolutions
Insight 25 May 2020

Shareholders are becoming increasingly aware of climate change risks. Since early 2017, both Australian and foreign companies have faced a wave of climate change-related shareholder activism. Ceres maintains a Climate and Sustainability Shareholder Resolutions Database, which at February 2020 showe ...

Disclosure of climate-related financial risk: major change is imminent
Insight 25 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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