Why not litigate? ASIC enforcement after the Banking Royal Commission

The Royal Commission recommended whenever ASIC is considering a contravention it must start with the question ‘Why not litigate?’ MICHAEL LEGG and STEPHEN SPEIRS explore…

Not just a few bad apples: why APRA should have done more

Scott Donald PhD CFA examines the Banking Royal Commission’s report about APRA’s failings as regulator and the Commissioner’s recommendations for change.

Haynesplaining: lessons for litigators from the Banking Royal Commission

In the Banking Royal Commission report, Commissioner Hayne discusses ASIC’s role and how litigation is to be used in relation to enforcement. By MICHAEL LEGG.

Whistleblowing: is it worth the risk under Australian law?

Parliament has determined whistleblowers need additional protection. However, the proposed Bill provides only limited protection of disclosures to third parties. By GRANT HANSEN.

Regulators’ investigatory powers and the Harman obligation not to disclose

A recent High Court decision clarifies the Commissioner of Taxation’s power to require the production of documents, and the later use of those items. By…

Avoiding contempt of court for breach of freezing orders: it’s a matter of trust

Care is needed in drafting freezing orders – and once they are made, effective procedures are needed to ensure that they are not breached. By…

The Heavy Vehicle National Law and the Chain of Responsibility

Amendments to the Heavy Vehicle National Law place obligations on all in the supply chain to regulate operations to comply with a duty of care….

Unmanned & unregulated: where are the privacy protections from drones?

The increasing use of drones raises concerns about safety, privacy and surveillance. And there is a gap between public expectation and legal reality. By JODIE…

Navigating the safe harbour for small to medium-sized enterprises

The new safe harbour from insolvent trading is the most significant change to corporate insolvency law since the introduction of voluntary administration. By BEN SEWELL.

Commercial law: April 2018

Reporting and analysis of the latest commercial law decisions. By ELIAS YAMINE.