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Australian Court Grants Relief From Liability for Penalty Imposed on Crypto-related Product

The Federal Court of Australia has granted relief to a company under section 1317S of the Corporations Act 2001 (Cth) ("Act") following declarations that it contravened two civil penalty provisions in relation to one of its...more

Australian Financial Services Regulatory Update | January-June 2024

Recent legal and regulatory developments, including the joint release of APRA and ASIC guidance concerning the new Financial Accountability Regime, APRA's announcement that it will publish superannuation expense data to...more

Class Actions Worldview - A Study of Trends Around the Globe - Part IV China, Japan, Belgium, The Netherlands, And England And...

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Australian Unfair Contract Terms Regime Renders Foreign Class Action Waiver Clauses Void

In Short - The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more

Class Actions Worldview - A Study of Trends Around the Globe: Part III—Australia, Germany, and France

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Class Actions Worldview - A Study of Trends Around the Globe - Part II – Italy And Spain: October 2023

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Considerations for Addressing DOJ’s Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more

The Rise of US-Style Class Actions in the UK and Europe

Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more

Western Australia's New Class Actions Regime Commences

A significant newly enacted class actions regime has come into force in Western Australia, as of 25 March 2023. The Civil Procedure (Representative Proceedings) Act 2022 (WA) ("Act") was enacted in September 2022,...more

French National Assembly Gives Class Actions a New Impetus

The French National Assembly has passed a bill intended to promote the use of class actions in line with the new EU Representative Actions Directive....more

Australian Financial Services Regulatory Update | Q3–Q4 2022

This edition of the Update covers: Recent legal and regulatory developments, including guidance to APRA-regulated entities following the cyber attacks on Medibank and Optus, the release of the inaugural Climate...more

Australian Class Actions Update: Class Actions to Remain a Material Risk

Recent legislative and regulatory developments, including the Federal Government's draft regulations to deregulate litigation funding in class actions and the Civil Procedure (Representative Proceedings) Bill 2021, which...more

Regulation of Class Actions in Australia Revisited … Again

More Detail: Regulation of Litigation Funding in Class Actions In 2009, the Full Court of the Federal Court of Australia, in Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd [2009] FCAFC 147,...more

The Climate Report | First Quarter 2022

The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more

The Return of ASIC Court Enforceable Undertakings: Devil in the Detail

ASIC's Approach to CEUs Prior to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry ("Royal Commission"), ASIC routinely accepted CEUs as a form of administrative settlement...more

Australian Financial Services Regulatory Update - December 2021

This edition of the Update covers: KEY LEGAL AND REGULATORY DEVELOPMENTS Regulatory Priorities ASIC and APRA Release Their Corporate Plans for 2021-25 On 26 August 2021, the Australian Securities & Investments Commission...more

The Climate Report | Fourth Quarter 2021

Climate Change Regulatory Issues & Updates - New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts - On October 7, 2021, the Council on Environmental Quality...more

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Australian Federal Government Proposes Major Class Action Law Reforms

Proposed Reforms - The Draft Bill makes clear that 'a class action litigation funding scheme' is an MIS, in line with an earlier ruling of the Federal Court of Australia in Brookfield Multiplex Limited v International...more

Australian Conservation Group Challenges EPA's Decision to Renew Coal-Fired Power Stations' Licences

Proceedings filed by public interest group Environment Victoria represent the first climate change litigation in Australia to challenge the licence to operate of coal-fired energy producers. A public interest group has filed...more

Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties

Background  - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more

Australian Court Rules on Admissions in Civil Proceedings Being Used in Criminal Proceedings

NSW Court of Criminal Appeal rules that any admissions made in civil proceedings can be used in future criminal proceedings. In Turnbull v Office of Environment and Heritage [2021] NSWCCA 190, the NSW Court of Criminal...more

A New Mandate: ASIC’s Corporate Plan for 2021-25

Overhaul of ASIC's Internal Governance Framework ASIC's Corporate Plan for 2021-25 is the first of its kind released under new Chair Joseph Longo and new Deputy Chair and Head of Enforcement Sarah Court, who each started in...more

Australian Court Rules Environmental Regulator is Duty Bound to Develop Climate Change Policies

The Facts  In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more

Landmark Proceedings Challenge Veracity of Climate Change Commitments by Australian Corporates

On 26 August 2021, the Australasian Centre for Corporate Responsibility ("ACCR") initiated proceedings against Australian gas-producer Santos Limited, challenging statements and policies which the ACCR considered...more

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