In-house counsel duties under the spotlight: ASIC v Bekier
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 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 - 2 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 - 1 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 - 2 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 - 2 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 - 2 min read
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…
By Michael Legg and Stephen Speirs - 2 min read
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…
By Angus MacInnis - 2 min read
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….
By Nathan Cecil and Adam Vrahnos - 1 min read
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…
By Jodie Burger and Eddie Scuderi - 1 min read
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.
By Ben Sewell - 1 min read