A US state of mind: the end of conciliatory financial regulation in Australia

Following criticism in the recent Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, ASIC has reinvented its enforcement function as one which looks remarkably similar to the aggressive posture favoured for decades by the US Securities and Exchange Commission.

Why now is the time to revisit your organisation’s compliance culture

Now more than ever, there is an imperative for companies to seek to create a strong compliance culture. But it is equally important to ensure robust mechanisms are in place to identify any cracks early.

Pre-empting M&A pitfalls: three early stage issues for GCs

Valuation, strategic rationale, synergy analysis and integration are not always matters which involve an in-house legal team at the outset. However, these matters can have significant legal implications for a transaction.

The ever wider reach of competition and consumer laws

Competition and consumer laws are, around the world, in a state of flux and re-evaluation, creating new – and often under-appreciated – risks for businesses.

Harnessing your data assets: opportunities and threats for Australian companies

The exponential growth in the use of internet-connected machines and AI is ushering in the ‘4th industrial revolution’, and every company will effectively become a data company in the short to medium term.

Human rights as an ethical framework for corporate governance

Human rights can provide a basis for practical understanding of what is ethical, what is efficient, honest and fair, and what is the ‘right’ thing to do.

From ‘bricks and mortar’ to ‘bricks and clicks’: six key PropTech considerations

New technologies in the property space are being embraced by investors, major construction companies and property developers alike.

Tax policy in an era of disruption: where to from here?

As the ways we do business continue to evolve, aided by disruptive technologies and globalisation more generally, our tax framework is often slow to respond. But policymakers are rising to the challenge.

Ten predictions for class actions in 2019

2019 is shaping up as a watershed year for class actions. Our class actions group has identified ten developments we expect to see this year.

Australia’s workplace reform debate heats up

Debate over workplace reform in Australia has been ongoing, with varying degrees of intensity, for almost 15 years. In this federal election year, however, industrial relations policy has assumed increased significance.

Trends in Australian loan markets and the role of alternative lenders

What is the state of play in Australian loan markets and what is the outlook for corporate and institutional borrowers and alternative online finance? All indications are that demand from alternative lenders will continue to increase.

The implications of the recent Rocky Hill decision for major development

A recent landmark ruling by the NSW Land and Environment Court in which it refused a proposed coal mine on climate change (amongst other) grounds will have broad-reaching implications for major development across the country.

How to choose the best contractual strategy for the construction of major projects

It is necessary to review risk allocation in contracts to ensure that the market operates properly and, ultimately, the consumer gets the required product at a sustainable market-tested price.

So far, so good? Considering the success of Australia’s safe harbour reforms

The introduction of a safe harbour protection for company directors was one of a number of generational reforms to the restructuring landscape throughout late 2017 and 2018 aimed at relaxing Australia’s unforgiving insolvency laws.

Attracting capital from financial investors in the current climate

It is undeniable that, due to a confluence of circumstances, financial investors have capital in the billions (if not trillions) at their disposal, ready to deploy. Their main problem, however, is insufficient investment opportunities.

Global arbitral community now awaits a decision from the UK Supreme Court in Deepwater Horizon appeal

A recent landmark ruling by the NSW Land and Environment Court in which it refused a proposed coal mine on climate change (amongst other) grounds will have broad-reaching implications for major development across the country.

A transformational impact: the Papua LNG Project Gas Agreement

The next phase of Papua New Guinea’s development is well and truly upon us. Reaching a significant milestone for the country, a Gas Agreement was signed on 9 April 2019 for the USD$13 billion Total S.A. operated Papua LNG Project.