Articles

Abstract technoscape of blocks and fine lines communication fields
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...

More
corporate building
Commissioner’s embedded royalty hunt diverted

The Full Federal Court has handed down its much-anticipated decision in PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86, overturning the decision of the Federal Court.

More
people crossing street
Workplace delegates’ rights and other employment changes from 1 July 2024

Under changes to the Fair Work Act 2009 (Cth) (which were part of the Closing Loopholes amendments) enterprise agreements voted on by employees on or after 1 July 2024 must include a term regarding...

More
Uniformity deadline passes as digital defamation deformation prevails

The goal of uniformity for Australian defamation law is set to fall short again as a majority of jurisdictions fail to meet their own timeline for the proposed model Stage 2 defamation law reforms.

More
Digital Bytes – cyber, privacy & data update

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

More
Arrows on a blue background
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...

More
image of board room
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.

More
red paper chain of people with heart symbols
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...

More
Healthcare business graph data and growth
AIC v Medibank – Concise Statement released by OAIC

A Concise Statement released by the Office of the Australian Information Commissioner (OAIC) this week provides important insights into the OAIC’s security expectations in relation to large...

More
Abstract digital lines, wire frame and small spheres where the lines connect. Technology and communications concept.
Tech M&A – what are the key deal risks?

Despite macroeconomic uncertainty and a slowdown in leveraged buyouts, M&A activity continues to play a critical role in unlocking value in the tech industry. In this article, we discuss four key...

More
image of aeroplane
Indonesian airline ‘flying high’: High Court confirms foreign entity immunity from winding up

The High Court of Australia has upheld the New South Wales Court of Appeal decision that foreign state immunity extends to a national airline subject to a winding up proceeding. The High Court held...

More
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.

More
Aerial view of semi trucks at warehouse
Victorian Commercial and Industrial Property Tax Reform Act is now law: here’s what you should know

The Victorian Commercial and Industrial Property Tax Reform Act 2024 (Vic) (CIPT Act) passed both houses of Parliament and received royal assent on 21 May 2024.

More
corporate building
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...

More
Camera lens
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...

More
Australian Federal Budget 2024: key taxation matters for large business and investors

What does the Federal Budget mean for corporate taxpayers? Now that everyone has had time to wade through the media reporting, we bring you our commentary.

More
image of camera lens
Australian Government announces overhaul of Privacy Act and doxxing reforms

The Australian Government has announced that it will bring forward legislation to address doxxing in August 2024. It has not released information on what those reforms will cover. Options...

More
Circuit board with micro chips
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.

More
ASIC wins Qoin case: freshly minted jurisprudence on crypto, NCPs and the meaning of ‘on behalf of’

The Federal Court has found in favour of ASIC against digital currency payments provider BPS Financial Pty Ltd over its Qoin Wallet product. We unpack the Court’s findings and comment on the...

More
aerial view of hurricane forming
Climate-related financial disclosure legislation clears Senate Economic Legislation Committee

The climate-related financial disclosure (CRFD) legislation that was introduced into Parliament in late March 2024 has cleared the next hurdle. Last Friday (3 May), the majority of the Senate...

More
aerial view of houses
The NSW housing supply problem – the making of the TOD SEPP and 4 other areas to watch

The NSW State Government is well underway in utilising a number of levers to address the housing supply crisis, particularly with the commencement of the TOD SEPP. The question remains as to...

More
corporate building
Navigating the land taxes regime – Victorian land owners must keep up with changing tax rules

Many Victorian land owners and investors are uneasy as they await the 2024 state budget, to be delivered on 7 May 2024. Will the government use this budget as a further opportunity to balance its...

More
plastic bag in the ocean
Is your recyclable claim ocean bound or court bound? ACCC’s first greenwashing case against Clorox

After reconfirming that greenwashing is a key enforcement priority, the ACCC has commenced its first Federal Court action against plastic wraps manufacturer, Clorox. For FMCG businesses seeking to...

More
corporate buildings
Australia's merger control mandatory in 2026

The Treasurer yesterday announced far-reaching reforms of Australia's merger control regime. The reforms proposed by the Government include the introduction of a mandatory notification requirement...

More