61-70 of 1556 results

The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
Insight 22 Nov 2019

There has been a lot of talk about the recent amendment to the test for dishonesty in the Corporations Act 2001 (Cth), which lowers the burden on the prosecution. In this article, we take a closer ...

ASIC finishes with a flurry
Insight 22 Nov 2019

Dear clients and colleagues You would not be surprised to learn there are a number of topics off-limits to the contributors of Unravelled at the moment, so we have been pretty pleased with ASIC's ...

Furniture retailers punished for 'was/now' pricing claims; Mazda faces allegations of consumer law failings; and location data under the lens in ACCC case against Google
Insight 22 Nov 2019

Furniture retailers fined for false 'was/now' pricing claims; Mazda defends claims of unconscionable conduct and false or misleading representations over faulty vehicles; Unique ordered to pay millions in damages over its funded diploma courses; ACCC presses Google on its policies relating to location data; and ACCC approves ANZ Terminals' acquisition of GrainCorp Bulk Liquid Terminals. ...

RBB Economics conference – response to keynote speech by ACCC Chair Rod Sims 21 November 2019
Insight 21 Nov 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. ...

Employer's attempt to dismiss controversial employee costs $1.2 million in compensation
Insight 21 Nov 2019

The Federal Circuit Court of Australia awarded a professor more than $1.2 million after his employer, a university, used 'cherry-picked' parts of his writings to justify his dismissal. 1 ...

New superannuation opt-out for high income earners
Insight 21 Nov 2019

From 1 January 2020, individuals who have more than one job may be able to opt out of receiving super contributions from all of their employers. ...

Reputation on the line: the importance of getting award compliance right
Insight 21 Nov 2019

With talk of wage theft becoming a criminal offence, this month's Senate approval of a wage and superannuation theft inquiry, and the increasing number of large employers being named and shamed for underpayments, there has never been a more important time for employers to check they are meeting their obligations – including compliance with modern awards. ...

Inherent or relevant: changes in assessing job applicants with criminal records
Insight 21 Nov 2019

The federal law test to assess job applicants with criminal records has changed. It's no longer necessary to show that the criminal record means an applicant is unable to perform the 'inherent requirements' of their role – the question is whether the criminal record is 'relevant' to the role. ...

Make no mistake (lest you are sacked): FWC rules on safety incident dismissal
Insight 21 Nov 2019

The Full Bench of the Fair Work Commission decided that a crane operator's sacking for a 'significant' safety incident was a fair and proportionate response, despite a working relationship of almost four decades. ...

ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
Insight 15 Nov 2019

The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...

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