Search for:
Category

Australia

Category
In Anti-Corruption

Australia: Duties and Liabilities of Directors of Australian Companies

by , , and 1 Min Read

The 2021 edition of Duties and Liabilities of Directors of Australian Companies from Baker McKenzie is a timely guide for directors of Australian companies, setting out pivotal issues for directors to consider in the current evolving corporate governance environment. Matters covered in the guide include common law and statutory duties, delegation, financial reporting, continuous disclosure, financial assistance, directors’ insurance and indemnities and other topical issues including climate change, whistleblower protections and anti-bribery and corruption.

Read More
In Antitrust / Competition

Australia: Statutory unconscionable conduct clarified – exploitation of a vulnerability or disadvantage is not required

by , and 5 Mins Read

On 19 March 2021, the Full Federal Court allowed an appeal in the matter of ACCC v Quantum Housing Group Pty Ltd [2021] FCAFC 40.  The Full Court judgment provides important clarification of the elements required to establish statutory unconscionable conduct under s 21 of the Australian Consumer Law (“ACL”).

The critical finding of the Full Court is that although some form of exploitation or predation upon some vulnerability or disadvantage will often be a feature of unconscionable conduct, it is not a necessary element of unconscionable conduct under s 21 of the ACL.

In AML & Financial Services Regulatory

Multijurisdictions: Part II of a Trilogy – Investor claims in response to the State’s protective measures

by , and 8 Mins Read

In brief While investment treaties are individually negotiated and drafted, they typically include a number of key protections for investors. Provided that foreign individuals or companies meet the definition of “investor” under the instrument and have made a qualifying “investment” (both of which tend to be broadly defined), they can…

Read More
In Asia-Pacific

Australia: New ASIC immunity regime for whistleblowers widens protections

by , and 4 Mins Read

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 Antitrust / Competition

Australia: COVID-19 – ACCC compliance and enforcement priorities in 2021

by , and 8 Mins Read

Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year.

Mr Sims identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2021.

Read More
In Asia-Pacific

Multijurisdictional: Investment treaty protection and Covid-19 driven state intervention

by and 4 Mins Read

States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of the virus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments. 

We highlight examples of measures that may have the potential — and for some have already started — to give rise to claims under investment treaties.

In Antitrust / Competition

Australia: COVID-19 – ACCC compliance and enforcement priorities in 2021

by , and 8 Mins Read

In brief Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year. Mr Sims identified a range of industry sectors, as well as specific…

Read More
Load More