In Short -
The Situation: The High Court of Australia has confirmed in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 that the "peak indebtedness rule" is no longer available to liquidators when assessing the...more
On 4 November 2021, the Federal Court of Australia made orders by consent which require the Commonwealth Bank of Australia ("CBA") to permit the plaintiff shareholders to inspect and make copies of books and records that...more
REST and Statewide Superannuation become the first industry superannuation funds to be caught in the crosshairs of ASIC's "why not litigate" approach to enforcement.
The Australian Securities and Investments Commission...more
This edition of the Update covers:
1. Recent legal and regulatory developments, including the release of APRA's policy and supervision priorities for 2021, the launch of APRA's Cyber Security Strategy 2020 – 2024,...more
KEY LEGAL AND REGULATORY DEVELOPMENTS -
Legislative and Regulatory Reform -
Permanent reforms in respect of virtual meetings and electronic execution -
On 19 October, the Federal Government released for...more
11/18/2020
/ ASIC ,
Australia ,
Australian Securities Exchange (ASX) ,
Bankruptcy Reform ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Federal Budget ,
Financial Regulatory Reform ,
FIRB ,
Regulatory Reform ,
Relief Measures ,
The Corporations Act ,
Virtual Meetings
On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more
10/12/2020
/ Anti-Corruption ,
Australia ,
Board of Directors ,
Bribery ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Culture ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Code ,
Criminal Liability ,
Deferred Prosecution Agreements ,
The Corporations Act ,
White Collar Crimes
This edition of the Update addresses:
1. Recent legal and regulatory developments which relate to licencing and regulatory relief, consumer protection, financial markets, anti-money laundering and capital and prudential...more
The Situation: Australia's corporate regulator, the Australian Securities and Investments Commission ("ASIC") brought proceedings against two former directors of Tennis Australia ("TA") alleging that they engaged in numerous...more