Articles

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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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Olympians strike gold while NSW mining strikes out: McPhillamys Gold Project and Bowdens Silver

In a cruel twist of irony, two of NSW’s premier minerals projects, approved by the NSW Government within just days of one another, have been nullified on the same day through two separate decisions.

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Closing Loopholes on right to disconnect, casuals and contractors

The right to disconnect, a new definition of employee/employer, casual employment, unfair contract terms and regulated workers – these changes are now in force (as of 26 August). While the second...

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High Court clarifies principles governing unconscionable conduct and accessorial liability

The High Court has found in favour of the ACCC in an important proceeding raising fundamental issues concerning the scope of the systemic unconscionable conduct prohibition and the principles...

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Property funds beware: implications of the Oliver Hume appeal

The Victorian Court of Appeal has entrenched as law a broad meaning of “associated transactions” in its recent decision involving Oliver Hume Property Funds and the Commissioner of State Revenue.  

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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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Draft legislation for new merger control regime released

The Treasurer has now released draft legislation for the new Australian merger control regime, which will come into effect on 1 January 2026, subject to the legislation’s passage through Parliament.

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Psychosocial hazards: getting ready for regulator visits

Employers and other persons conducting businesses or undertakings (PCBUs) in NSW have – since 1 October 2022 – been required to include psychosocial hazards in their assessment of workplace hazards...

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Distributor dilemmas: paving the path with 'reasonable steps' under DDO

The Federal Court last week handed down its decision in Australian Securities and Investments Commission v Firstmac Limited [2024] FCA 737. ASIC was successful in its claim that Firstmac Limited...

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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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Forensic investigation reports: the question of privilege remains – Singtel Optus v Robertson

The Full Court of the Federal Court of Australia has dismissed an application made by Optus for leave to appeal the first instance decision by Justice Beach. In this article, we consider the key...

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Australian artificial intelligence regulation: a work in progress

Regulators are grappling with the challenges posed by AI, and where to strike the regulatory balance. Submissions to the Australian Senate Committee tasked to consider AI reveal some of the key...

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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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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.

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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...

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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.

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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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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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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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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...

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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...

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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...

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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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