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Amendments to Australia's Modern Slavery Act Anticipated Following Statutory Review

In Short - The Situation: In 2018, the Australian federal government obligated Australian corporates to engage with modern slavery risks in their supply chain by enacting the Modern Slavery Act 2018 (Cth) ("the Act")....more

Stick to the Statute: No "Peaking" Around in Australia

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

Australian High Court: No Statutory Set-Off Against Unfair Preference Claims

In Short - The Situation: Historically, creditors pursued by liquidators under the unfair preference regime could rely on a statutory set-off as a defence to the claim, reducing or eliminating their liability to repay...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

Australia: Solicitors' Duties to Witnesses in Civil Cases Who May Be Exposed to Criminal Charges or Other Penalties

In Short  - The Situation: The Victorian Court of Appeal in Australia has delivered a decision with guidance to lawyers on their duties when dealing with witnesses in civil cases where there is a risk that the witnesses'...more

Australian Financial Services Regulatory Update - August 2022

This edition of the Update covers: - Recent legal and regulatory developments, including the commencement of cyber security incident notification obligations for critical financial market infrastructure assets, AUSTRAC's...more

Australian Corporate Conduct Regulator Releases Guidance on Greenwashing Risks

In Short - The Situation: The Australian Securities and Investments Commission ("ASIC") has released guidance to superannuation and managed funds as to how to avoid the risk of greenwashing when promoting...more

Australian Financial Services Regulatory Update - June 2022

This edition of the Update covers:  Recent legal and regulatory developments, including the release of regulatory guidance on crypto asset-related investment products, the imposition of additional licence conditions on the...more

The Australian Parliament Enacts Magnitsky-style Laws

Australia's Existing Autonomous Sanctions Regime - Australia's existing autonomous sanctions regime is set out in the Autonomous Sanctions Act 2011 (Cth) ("Act")....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

Set Aside: Australian Creditors Unable to Rely on Statutory Set-Offs to Defend Unfair Preference Claims

Background - During a winding up, the statutory duty of a liquidator is to gather in the estate of the company, which includes recovering any amounts owing to the company. Creditors then submit proofs of debt and receive...more

Climate Change Class Action Relating to Australian Sovereign Bonds Permitted to Proceed

The Applicant's Claims - In July 2020, Ms. Kathleen O'Donnell commenced a representative proceeding on her own behalf and on behalf of all persons who at any time on or since 7 July 2020 have acquired certain types of...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

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

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

FAR-Reaching Reforms on Track to Expand BEAR

BEAR, which came into effect throughout 2018 and 2019, imposed extensive accountability obligations on ADIs and expanded APRA's enforcement powers. You can read our previous Commentary on BEAR here. ...more

Australian Parliament Resets Bar for Breach of Continuous Disclosure Laws

On 10 August 2021, the Australian Parliament passed the Treasury Laws Amendment (2021 Measures No. 1) Bill, which will permanently reform its continuous disclosure regime and related prohibitions on misleading conduct by...more

Australian Financial Services Regulatory Update - July 2021

This edition of the Update covers: Key Legal and Regulatory Developments Financial Markets The Australian Regulators Reiterate Their Expectations for a Smooth Transition Away From LIBOR On 4 June 2021, ASIC, APRA, and the RBA...more

Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change

The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more

Australia-U.S. Cooperation in Criminal Cases

U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States—even without having offices or any physical presence in the United...more

Australian Financial Services Regulatory Update - May 2021

This edition of the Update covers: 1. Recent legal and regulatory developments, including the release of ASIC's immunity policy for market misconduct offences, a FATF consultation on proliferation of financial risk and...more

Australian Regulators Stress the Importance of Managing Climate-Related Risk

Following in the footsteps of its international counterparts, the Australian Prudential Regulation Authority ("APRA") is ramping up its guidance on the management of climate-related risks. On 22 April 2021, APRA released...more

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