Insights

Corporate governance, defence in depth and the Swiss Cheese Model of incident causation

In this practical article, Partner Jonathan Cheyne from JWS’ Board Advisory & Governance group introduces the famous Swiss Cheese Model of incident causation – which is widely applied in many other...

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Following Silicon Valley’s lead? Reforming non-compete arrangements in Australian PE/VC deals

As Australia debates reforms to non-compete clauses, the implications for venture capital (VC) and private equity (PE) firms are significant, particularly regarding business sales and funding...

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Digital Bytes – cyber, privacy, AI & data update

While all eyes have been on the recent introduction of the privacy reform Bill to Parliament, there have been a number of other updates that continue to inform the shifting patterns of opportunity,...

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ASX releases compliance update with practical guidance on meeting materials

ASX recently published a Listed@ASX Compliance Update with a focus on observations and practical guidance for listed entities when preparing notices of meetings and other meeting materials. This...

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Climate-related financial disclosure: what directors and officers need to know

New legislation requiring climate-related financial disclosure (CRFD) in annual reports commenced on 18 September 2024. A “sustainability report” will now be mandatory for very large, large and...

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Above Board: Board Advisory and Governance Update – Spring 2024

The spring edition of our Above Board update covers need-to-know developments in corporate governance and board practice for the quarter.

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Federal Government commits to refine continuous disclosure laws

The Federal Government has released its response to the independent review of the changes to the continuous disclosure laws.

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Challenges in changing culture: lessons from The Star

The recent public hearings from the 2024 Independent Inquiry into The Star Entertainment Group conducted by Adam Bell SC have brought to the forefront the issue of corporate culture and, in...

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Takeovers Panel orders The Market Limited to appoint two independent directors

Usually who serves on the board of a listed company is a matter for the company itself and others, including the courts, only rarely intervene. That’s why the Takeovers Panel’s order requiring...

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When is a final decision not final? Key learnings from the ASIC v iSignthis saga

The recent decision of the Federal Court in relation to proceedings brought by ASIC against iSignthis Limited and its former Managing Director and CEO, Mr Nickolas Karantzis highlights that a...

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Digital Bytes – cyber, privacy & data update

Welcome to Digital Bytes, our latest quarterly update on current developments in cyber, privacy and data governance.

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Above Board: Board Advisory and Governance Update – Winter 2024

Welcome to the Winter edition of Above Board – our quarterly roundup of key developments in governance for board members and their advisers.

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Update to AICD Not-for-Profit Governance Principles

As the Australian Institute of Company Directors (AICD) notes in its recently released Not-for-Profit Governance Principles (Third Edition) (Principles), there are approximately 600,000 not-for...

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Disclosing regulatory investigations: failed CBA shareholder class actions point the way

In two recent class actions by shareholders against Commonwealth Bank of Australia Limited, the Federal Court was asked whether, and if so when, CBA should have disclosed that its non-compliance...

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Corporate governance implications of Medibank enforcement proceedings

In a landmark move, the Australian Information Commissioner has filed civil penalty proceedings against Medibank in connection with a data breach.

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Report of Continuous Disclosure Review tabled in Parliament

In a long-awaited development, a report from Dr Kevin Lewis, former ASX chief compliance officer, was quietly tabled in Parliament last week, some three months after it was delivered to the Federal...

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Cybersecurity governance: are directors doing enough?

The revelation this month of another major cyberattack in Australia – this time a ransomware attack on electronic prescription provider MediSecure – has many board and C-suite members re-examining...

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Continuous disclosure: new data breach example added to ASX Guidance Note 8

In response to market feedback, ASX has released a useful data breach example to be included in its Guidance Note 8 on Continuous Disclosure, which will take effect from 27 May.

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Mandatory climate-related financial disclosure bill introduced

Legislation for Australia’s mandatory climate-related financial disclosure (CRFD) regime was introduced into Parliament on the last sitting day before Easter. This is the next step in a process...

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Above Board: Board Advisory and Governance Update – Autumn 2024

Our quarterly update covers recent developments in the governance space, including the Closing Loopholes No.2 amendments to the Fair Work Act, amendments to the foreign bribery laws, the release of...

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Crowley v Worley – is a company liable for not disclosing information it doesn't know?

ASX Listing Rule 3.1 requires a listed company to disclose information that it should know that could impact its share price, whether or not the company actually knows it.

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Digital Bytes – cyber, privacy & data update

2024 is off to brisk start in the cyber, privacy and data space – regulatory developments in cyber security and artificial intelligence (AI) continue at pace.

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Above Board: Board Advisory and Governance Update

Our quarterly update covers recent developments in the governance space.

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Better understanding governance failures

“It’s fine to celebrate success, but it is more important to heed the lessons of failure.”

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Digital Bytes – cyber, privacy & data update

Developments in cyber, privacy and data continue to evolve rapidly, so we’ve summarised highlights from the past three months to give you a whirlwind tour of the most significant updates.

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