1-10 of 873 results

Post-election class action reform: easing the pressure on litigation funders
Insight 27 May 2022

Several recently enacted and proposed reforms to the class action regime hang in the balance following the change of government in the 2022 Federal Election. ...

What the wide-ranging sanctions on Russia mean for your organisation
Insight 19 May 2022

The Australian Government, introduced a wave of new trade and financial sanctions measures against Russia in response to the situation in Ukraine. This is the first time in living memory that a major economy has been subject to such wide-ranging sanctions, with implications for a range of industries. ...

Federal Court finds cyber risk management is a critical obligation for financial services firms
Insight 06 May 2022

The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...

Don’t panic! (Almost) everything you need to know about cyber risks, resilience and responsibilities
Insight 02 May 2022

Organisations today are both blessed and cursed with extraordinary amounts of data. The responsibility for information security and data governance starts and ends with the board and senior management. We offer a handbook to help navigate duties and liabilities and a checklist of questions directors should be asking. ...

Our pre-election wrap of super regulatory reforms for 2022
Insight 19 Apr 2022

Coming off a busy 18 months or so – with the number of reforms too long to count on all fingers and toes – superannuation trustees could be forgiven for wanting to take an extended holiday from regulatory change. But with Parliament prorogued ahead of the election, now is a chance for trustees to take stock of the regulatory reforms slated for 2022. In this Insight, we provide a snapshot of the key reforms. ...

Class closure – the door remains ajar
Insight 08 Apr 2022

The Full Court of the Federal Court has held that group members in class actions may be informed that if they fail to register their claim they could be precluded from participating in any settlement (but remain bound by the proceeding's outcome).1 In reaching this decision, a rift has emerged between the Supreme Court of New South Wales and the Federal Court regarding a key aspect of the case management of class actions. ...

Tightening the net: increased director liability for environmental crimes in NSW
Insight 25 Mar 2022

The recently passed Environmental Legislation Amendment Act 2022 (NSW) (the Amendment Act) exposes directors and managers of companies to additional criminal and civil liability for breaches of environmental laws. It is now more important than ever that companies have robust processes in place to ensure they are operating in an environmentally satisfactory manner. It is also critical for directors and managers (and those who advise directors and management) to understand their potential exposure to criminal liability for actions taken (or not taken) by companies. ...

Regulating crypto: Government releases consultation paper on proposed licensing and custody requirements
Insight 25 Mar 2022

The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...

Full Court weighs in on shareholder class actions re-enlivening Worley class action
Insight 16 Mar 2022

The Full Court of the Federal Court has allowed an appeal by shareholders in the class action against Worley Limited, finding that the primary judge’s dismissal of the case must be set aside and remitted to a single judge for determination in light of the Full Court's reasons. ...

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