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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. ...

Report: Australian Infrastructure Investment Report 2019
Insight 15 Nov 2019

Partner Managing Associate Partner Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely ...

Energy regulation – a big stick for electricity and a white paper for gas
Insight 13 Nov 2019

The Federal Government's 'big stick' energy Bill, which will define and prohibit several new types of misconduct in electricity markets, is progressing through Parliament and is expected to be pass ...

New laws on gift cards – what you need to know now
Insight 07 Nov 2019

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 t ...

Landlord and tenant rights and obligations to change under Retail Leases Amendment Bill 2019 (Vic)
Insight 05 Nov 2019

Landlords and tenants will see changes to their rights and compliance obligations under retail shop leases as a result of proposed amendments to the Building Act 1993 (Vic) (and regulations) ( ...

PNG draft Arbitration Bill 2019 – what is proposed?
Insight 05 Nov 2019

Following Papua New Guinea's accession to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (read our Insight on PNG's accession to the New York Convention ...

Finding focus – ACCC makes another move on disclosure of data practices
Insight 01 Nov 2019

In a trail-blazing and world-leading move, the ACCC has commenced proceedings against Google, alleging that it engaged in misleading conduct, and made false or misleading representations to consumers about how and when it collects, keeps and uses their personal information in relation to location data. It is the first case brought globally to probe Google's approach to location data collection, and is likely to increase the focus on consumer awareness of data use in digital markets. ...

ASIC Corporate Governance Taskforce report; ASX listing rules update; ACCC cartel immunity and cooperation policy update; High Court considers financial assistance prohibition; and other corporate law developments
Insight 28 Oct 2019

ASIC issues Corporate Governance Taskforce report; ASX flags updates to listing rules; ACCC updates cartel immunity and cooperation policy, and expresses concerns with consumer loyalty schemes; ...

First shareholder class action judgment
Insight 25 Oct 2019

The Federal Court has handed down the first judgment in a shareholder class action, more than 20 years after the first case was filed, in the class action arising from an earnings forecast Myer gav ...

Federal Court hangs up on ACCC over TPG pre-payments; ACCC calls for more claret-y between winemakers and growers; and Viva/Liberty deal gets green light
Insight 25 Oct 2019

Court hangs up on ACCC over TPG pre-payments The Federal Court has dismissed the ACCC's case against TPG for making alleged false or misleading representations to its customers and including an ...

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