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...
In this article, we unpack a case that highlights the Court's broad power to terminate security interests pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations).
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...
In recent years, several cases have involved a party seeking preliminary discovery against another party to determine whether to commence proceedings against that party for conduct that breaches...
The taxation of multinationals has been a hot topic in Australia for some time. In this Insight we highlight some of the recent developments in this area as well as further developments to look out...
The Federal Government's proposed reforms to the Australian Consumer Law would prohibit a wide range of unfair trading practices, which are not adequately caught by existing consumer and...
Since the Australian Consumer Law (ACL) was enacted in its current form, the ACCC has published extensive guidance on the operation of the consumer guarantees for consumers and businesses. Despite...
The ACCC recently updated its “Guidelines on ACCC approach to court enforceable undertakings” (Guidelines). The Guidelines reflect the ACCC’s current approach to negotiating and administering court...
A green light on the last lap (and after two red lights): The High Court by majority of 3:2 recently upheld the taxpayer’s appeal in Automotive Invest Pty Ltd v Commissioner of Taxation [2024] HCA 36.
The Samarco and Brumadinho tailings dam disasters in Brazil were (in no small part) the impetus for the creation of the ‘Global Industry Standard on Tailings Management’. The Standard is now being...
The Supreme Court of Western Australia recently dismissed a defamation claim brought by a plaintiff who had not given a concerns notice before commencing the relevant proceedings. In dismissing the...
The Australian Government last week introduced the long-anticipated Bill overhauling the Australian merger review regime to bring it into line with most international jurisdictions. The proposed...
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...
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...
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,...
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...
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...
Every Australian state and territory has now delivered its 2024-25 state budget. We summarise the most notable inclusions.
On 8 September 2024, the Honourable Robert French AC released the ‘Report of the Independent Legal Examination into Banning Children’s Access to Social Media’ (French Review) which includes a...
Finally, the Australian Government has initiated the long-waited for Tranche 2 reforms to its anti-money laundering regime with considerable fanfare.
The rise of digitalisation has undeniably influenced global value chains. This transformation has led to the emergence of new business models associated with app stores, online advertising, cloud...
The Government has tabled in Parliament a Bill containing 23 of the 25 privacy reform proposals agreed to by the Government. A large number of “agreed in principle” reforms have been deferred to a...
The spring edition of our Above Board update covers need-to-know developments in corporate governance and board practice for the quarter.
There is a significant movement towards embedding the concept of nature positive into Federal and State environmental legislation. This raises the questions: why is nature positive a focus for...
The Federal Government has this week released a Voluntary AI Safety Standard and a consultation paper on ‘Safe and responsible AI in Australia’ for introducing mandatory guardrails for AI in high...