High Court’s rejection of common funds shakes up class actions landscape
This article provides a short history of the common fund and analyses a recent decision which is reshaping the future of common fund class actions.
By Ross Foreman - 7 min read
New protections for corporate whistleblowers
It’s time for companies to implement whistleblower policies to protect corporate insiders. By DAN PEARCE and HANNAH PELKA-CAVEN
By Dan Pearce and Hannah Pelka-Caven - 7 min read
Stepping through the stages of a corporate criminal prosecution
IAN BOLSTER and STEPHEN SPEIRS provide a timely examination of the procedural steps involved in a white collar criminal prosecution.
By Ian Bolster and Stephen Speirs - 8 min read
ACCC gains momentum in its push for higher consumer law penalties
Recent cases provide insights in the ACCC’s push for higher consumer law penalties. By MICHAEL MILNES
By Michael Milnes - 6 min read
Financial services providers under pressure to act ‘efficiently, honestly and fairly’
In the wake of the Banking Royal Commission, BRENDAN MAY revisits the obligation on Australian Financial Services Licensees to provide services in an efficient, honest…
By Brendan May - 5 min read
Time to play fair: franchising industry faces growing scrutiny
Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES
By Michael Milnes - 6 min read
Tougher laws and more resources signal a new era in ASIC enforcement
In response to the Royal Commission, tougher laws and more resources signal a new era in ASIC enforcement. By LIAM CAVILL
By Liam Cavell - 6 min read
Dispossessed business owners see a narrowing of just compensation
A recent decision has narrowed the scope of compensation for many resumed businesses, notwithstanding a clear statutory obligation to ‘justly compensate’ them. By ANDREW BEATTY…
By Andrew Beatty and Marlon Shou - 6 min read
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…
By Michael Legg and Stephen Speirs - 10 min read
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.
By Scott Donald - 7 min read
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.
By Michael Legg - 6 min read