High Court takes ‘gross’ approach to calculating the benefit of corporate offending

The High Court recently examined the ‘maximum’ penalty for corporate offending under the Criminal Code and the penalty is not the cost of doing business.

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When building work is not iron clad

Recent Court of Appeal decision clarifies who bears the evidentiary onus of establishing loss in combustible cladding disputes.

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Cyclone oppression: Navigating shareholder disputes through the eye of the storm

A storm of shareholder disputes including claims of oppressive conduct have been brewing. Courts can order appropriate relief if claims are supported by sufficient evidence.

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It’s time to prepare for tougher modern slavery laws

The latest report on the Modern Slavery Act contains a number of potential reforms, which (if implemented) will impose tougher requirements on Australian businesses.

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Modernising Australia’s anti-money laundering regime: Extending AML obligations to lawyers

Lawyers are increasingly being involved in money laundering activities and global organisations have called for the regulation of lawyers under anti-money laundering regimes.

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Phoenix rising: Update on illegal phoenixing legislation

Two recent cases have considered the illegal phoenix activity provisions enacted at the time of the Covid-19 pandemic.

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Escalated crackdown on greenwashing: Just the beginning?

Regulatory watchdogs, ASIC and ACCC, are cracking down on greenwashing claims made by businesses and the consequences for false green claims are greater than ever.

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ACCC v BlueScope Steel – cartels and ‘attempts to induce’

Recent Federal Court decision considers ‘attempt to induce’ provisions under the Competition and Consumer Act. The decision also provides insight into future ACCC prosecutions.

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‘Equity, mate’ – Equitable principles limit the effect of general words in releases

A recent Court of Appeal decision reviewed the special equitable principles that apply to the construction and efficacy of a deed of release.

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Smart contracts: What lawyers need to know

Smart contracts are the ‘new frontier’, however lawyers should be aware of the enforceability and security issues surrounding its use.

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