UK Supreme Court affirms strictness of the ‘no profit’ rule for fiduciaries
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
Unreasonable director-related transactions two decades on
A provision born of scandal now casts a long shadow—courts wrestle with its reach and third parties face unexpected liability.
By Jennifer Mee - 1 min read
Insolvency reform in action: reviewing the impact of small business restructuring
Small business restructuring is booming but is it fair, effective and sustainable? A deep dive into its impact and future from a restructuring practitioner. by…
By Ben Sewell - 2 min read
Company directors’ duties: the current state of play
With ASIC sharpening its focus, this article unpacks the evolving legal landscape of directors’ duties and the rising personal risks for Australian company directors.
By Pamela Hanrahan - 2 min read
I am; therefore, I think: establishing a corporation’s state of mind
How do companies ‘think’? Learn how courts attribute intention, knowledge, and conduct to corporations through systems, agents and evolving legal doctrines.
By Catherine Bembrick, Alexander Vial and Mitchell Donohue - 1 min read
What the Web3 appeal means for the penalty implications of legal advice
The Full Federal Court’s ruling raises critical questions about legal advice on complex financial product definitions and cryptocurrency regulation.
By Matthew Lo and Sophie Barbour - 2 min read
Towards an Australian crypto asset services licence
After a decade of stalling policy, digital assets still lack bespoke legislation while ASIC’s test litigation provides some useful guidance.
By Aaron M. Lane - 2 min read
From little things big things grow: lawyers’ role in climate disclosure
Understand the important elements of the new regime and how lawyers can ensure compliance and manage climate risks.
By Ilona Millar and Lily Morton - 2 min read
New framework shifts onus onto companies for scam prevention
If passed, the Bill will impose an obligation for companies to ‘disrupt’ and ‘prevent’ scams, and give consumers a right to sue.
By Martyn Taylor, Helen Taylor, Rajaee Rouhani, Dietrich Marquardt and Alyssya Warty-Hasan - 2 min read
Mandatory climate reporting: ESG now a licence to do business?
New climate reporting laws are likely to impact supply chains over time and require a holistic approach to ESG requirements.
By Barbara Vrettos - 2 min read
The penalty implications of legal advice and what makes a firm ‘leading’?
A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.
By Matthew Lo - 2 min read