Insights

Do you need to disclose an ACCC investigation to comply with your continuous disclosure obligations?

Recent cases have highlighted whether an ASX-listed entity must make a market disclosure to the ASX if it receives a confidential compulsory investigation notice under section 155 of the...

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Important cyber security reforms tabled in Parliament and referred to Committee

The Australian Government has tabled its Cyber Security Legislative Package, which includes an obligation to notify the Department of Home Affairs and the Australian Signals Directorate (or another...

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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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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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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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Above Board: Board Advisory and Governance Update

Our quarterly update covers recent developments in the governance space.

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Barossa Project paused due to Federal Court setting aside NOPSEMA decision

On 21 September 2022, Justice Bromberg of the Federal Court handed down his decision in Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA...

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Curly Worley – Continuous Disclosure and Earnings Guidance in the Full Federal Court

Continuous disclosure remains topical: on Friday the Full Federal Court handed down its decision in Crowley v Worley [2022] FCAFC 33. Against the run of recent cases, the applicant/appellant had a...

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Australia’s Digital Commerce Reforms Continue

On 17 February 2022, the Federal Government introduced into Parliament the next tranche of legislation to modernise business communications within the Treasury portfolio – the aptly named Treasury...

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Australia makes it to the 21st Century – permanent corporate digital measures passed by the senate

On 10 February 2022, the Australian Senate finally passed the Corporations Amendment (Meetings and Documents) Bill.

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The latest word on continuous disclosure

On 7 February 2022, the Federal Court handed down the latest Australian first instance decision on continuous disclosure, this time dealing with production guidance provided by Iluka in 2012 – some...

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AusNet Services Limited in the Takeovers Panel: “Hard” Exclusivity and Deal Protection Lore Reform

The Takeovers Panel’s decision in AusNet Services Limited 01 [2021] ATP 9 has drawn comment from a number of quarters. In essence, in AusNet the Panel decided that an eight week exclusivity...

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New Australian Director ID Requirements – In force from 1 November 2021

From 1 November 2021, Directors of various entities registered under the Australian Corporations Act 2001 (Cth) will need to obtain a unique Director ID number. The Director ID’s purpose is to...

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Corporations Amendment (Meetings and Documents) Bill 2021

Permanent measures introduced into Parliament for corporate on-line meetings, electronic notices and execution of documents.

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Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021 (SA) Summary

On 25 August 2021, the Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021 (SA) (Bill) was introduced in the South Australian House of Assembly.

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Treasury Laws Amendment (2021 Measures No. 1) Act 2021 – now in force

On 9 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 finally passed the Senate, with amendments.

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Electronic execution and online meetings – permanent reforms are on the way

On 25 June 2021, Commonwealth Treasury issued an exposure draft of legislation to make permanent reforms to the Corporations Act in relation to electronic execution of documents and online meetings...

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Carbon appétit: Government expresses hunger for carbon capture and storage via new fund

On 1 March 2021, the Commonwealth Minister for Energy and Emissions Reduction, Angus Taylor, launched the $50 million Carbon Capture, Use and Storage Development Fund (Fund) to support the growth...

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The States of Electronic Signing in 2021

In the biggest shake-up of Australia’s antiquated company signing requirements, the Federal Government has temporarily modified the Corporations Act 2001 (Cth) to allow for companies to...

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Commonwealth Government introduces a Bill to establish the Grid Reliability Fund

If enacted, the Bill will establish the Grid Reliability Fund (Fund) under the Clean Energy Finance Corporation Act 2012 (Cth) (Act) and appropriate $1 billion to the Fund.

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COVID-19: temporary changes to meeting provisions under the Corporations Act

The Commonwealth Treasurer exercised emergency powers under the Corporations Act to facilitate virtual meetings and electronic execution of documents by companies.

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Renewable Energy Certificate and Carbon Credit Schemes

The Commonwealth government established the Renewable Energy Target to ensure that at least 23.5% of Australia’s electricity is generated from renewable sources by 2020.

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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Key points for boards and activist shareholders from Perpetual’s loss to Brickworks and Soul Patts

The Federal Court has released its judgment in favour of Brickworks Limited and Washington H. Soul Pattinson and Company Limited, in its proceedings with Perpetual.1

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