The Federal Court of Appeal has today (15 March 2022) overturned a ground-breaking decision in the environment and climate sector. The original decision held that the Commonwealth Minister for Environment owed a common law duty of care to the under 18 Australian population to take reasonable care to avoid causing personal injury or death resulting from Australian carbon dioxide emissions. Today, the Full Federal Court in Minister for the Environment v Sharma [2022] FCAFC 35 overturned that decision and unanimously denied that such a duty of care should be imposed on the Minister. This judgement will have consequences on negligence and liability claims in environment and climate law as well as intergenerational equity obligations.

ASIC has written to public companies, large proprietary companies and trustees of registrable superannuation entities urging them to review their whistleblowing policies to ensure they are compliant with the Corporations Act 2001.

The privilege against self-incrimination has long been a feature of Australia’s common law and recognises the important concept that individuals should not be compelled to incriminate themselves. The privilege has also been protected by legislation, including in sections 128 & 128A of the Evidence Act 1995 (Cth). A recent High Court decision in Deputy Commissioner of Taxation v Zu Neng Shi [2021] HCA 22 considered whether disclosure of privileged information was in the interests of justice.

In Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511, the Federal Court has handed down an important decision which highlights the dilemma that may be faced by an immunity applicant in complying with its duty to provide full, frank and truthful disclosure and to co-operate under the ACCC’s Immunity and Cooperation Policy for Cartel Conduct (ACCC Policy) and maintaining legal professional privilege over witness accounts provided to solicitors at an early stage in an investigation.

Continuing our series of video chats on the Future of Disputes in Asia Pacific, we take a look at C&I trends and developments across the region. Mini vandePol, head of the Firm’s Asia Pacific Compliance & Investigations Group, and Georgie Farrant, head of Australia’s Dispute Resolution team, talk about global C&I trends that impact clients operating in Asia Pacific such as ESG, economic sanctions, anti-bribery/corruption developments and compliance programs.

ASIC has released a new immunity policy setting out the process and conditions for whistleblowers to obtain immunity from certain civil penalty or criminal proceedings (Immunity Policy). The Immunity Policy extends the types of protection available to a whistleblower beyond those which became available under the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Whistleblowing Legislation) which came into force in 2019. As a result there is an increased risk that employees may elect to go direct to ASIC rather than raising an issue internally.

In this series of podcasts, our Baker McKenzie speakers explore the challenges and risks encountered by businesses amidst the constantly changing legal and regulatory landscape. We share insights around the various legal and compliance issues which will be illustrated with a factual scenario. The series will include topics relating to…

Baker McKenzie’s Duties and Liabilities of Directors of Australian Companies is a comprehensive and timely guide for directors of Australian companies. Newly launched in September 2020, it reflects key issues for directors to consider in the current corporate governance landscape, while outlining their core legal obligations. Matters covered in this guide include…

In this series of podcasts, our Baker McKenzie speakers explore the challenges and risks encountered by businesses amidst the constantly changing legal and regulatory landscape. We share insights around the various legal and compliance issues which will be illustrated with a factual scenario. The series will include topics relating to…

Australia moves a step closer to new corporate criminal offence of failure to prevent bribery of foreign public officials by “associates.” Do you know who your associates are and what they are doing? The Legal and Constitutional Affairs Legislation Committee has published its report recommending that the Crimes Legislation Amendment…