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Key steps to prepare for the fifth edition of the ASX Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council (the Council) recently published the Consultation Draft for a fifth edition of the ASX Corporate Governance Principles and Recommendations (the Recommendations). ...
The expectation of continuous improvement in combating modern slavery
There is an expectation that businesses demonstrate continuous improvement in their response to modern slavery and reporting under Australia's Modern Slavery Act 2018 (Cth) (the MSA). ...
Licensing emerging process technologies: modern approaches to risk allocation
Licensing emerging technology is a tempting prospect when navigating decarbonisation and sustainability. We outline the risks of applying standard liability positions when licensing nascent technology; and provide some key risk mitigants for prospective licensees. ...
The significance of fair and timely investigation into whistleblower allegations
This Insight examines the risks of not investigating whistleblower allegations in a timely and procedurally fair manner and the importance of scrutinising investigation findings prior to taking disciplinary action. ...
Heralding in a new era – PNG's arbitration regime
The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...
Safeguard Mechanism 2.0: emitters face first 2024 carbon compliance milestone
Existing emitters under the Safeguard Mechanism will face their first major compliance milestone. In this Insight, we outline the key components of the emissions-intensity determination and explain what compliance entities for existing facilities need to be considering now. ...
Human Rights Acts across Australia: implications and considerations for businesses
In this Insight, we summarise the key provisions of state and territory Human Rights Acts and consider when (and to whom) they apply. As these acts are now in force in the ACT, Victoria and Queensland, we also consider what a similar instrument could look like in other states and territories. ...
Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
The Australian Securities and Investment Commission (ASIC) has released guidance clarifying its expectations in relation to a bank, or other intermediary, pre-hedging derivative exposures. ...
Sanctions Regime in Australia
We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...
No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
Just as the summer holidays began at the end of 2023, Justice Jackman of the Federal Court handed down judgment in ASIC v Zurich Australia Limited. ...