18 February 2019
ACCC succeeds in first merger ‘gun-jumping’ cartel prosecution
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their cooperation...
15 February 2019
Climate change impacts used to reject new NSW coal mine
Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
14 February 2019
Supplier terms and pricing issues
Pricing restrictions imposed by suppliers on resellers have increasingly come under the spotlight of the competition authorities in a number of jurisdictions. This series of guides looks at the approach and recent developments in a range of key jurisdictions.
13 February 2019
Governance: The new age of leadership
Recent shareholder action against executive remuneration, the expansion of APRA’s ambit to include a greater focus on culture and remuneration, the introduction of the BEAR and the rise of the “community expectations” standard shows the new microscope penetrating boardrooms and the upper echelons...
13 February 2019
The Regulators
The Final Report has been released and for those who followed the public hearings, the recommendations are not surprising. The regulators, ASIC and APRA, have been given increased regulatory scope and more tools to regulate. The key question is, following on from the Final Report, where next for...
13 February 2019
Banking and Credit (General)
The recommendations made in relation to banking and credit more generally were in some regards unsurprising and minor, relative to the responsible lending recommendations and credit distribution recommendations , both of which went to the crux of Commissioner Hayne’s “four observations”.
13 February 2019
Responsible Lending: “Apply the law as it stands!”
The law is correct, now you must learn to follow it. That is the message from Commissioner Hayne regarding the consumer lending laws and responsible lending practices of Australia's banks. Despite being "urged" by consumer advocacy groups to alter the National Consumer Credit Protection Act 2009 (...
13 February 2019
Credit Distribution
The Final Report has made a number of recommendations that aim to address issues that exist within intermediated lending, with a particular focus on mortgage brokers. This article focusses on home lending. Please see Banking and Credit (General) for our discussion about the recommendations relating...
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18 February 2019
ACCC succeeds in first merger ‘gun-jumping’ cartel prosecution
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their cooperation...
15 February 2019
Climate change impacts used to reject new NSW coal mine
Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
14 February 2019
Supplier terms and pricing issues
Pricing restrictions imposed by suppliers on resellers have increasingly come under the spotlight of the competition authorities in a number of jurisdictions. This series of guides looks at the approach and recent developments in a range of key jurisdictions.
13 February 2019
LIBOR Is Being Overtaken: Will It Be a Car Crash?
This article considers the background and current market developments relating to the discontinuation of LIBOR. It examines the potential litigation likely to arise for legacy contracts and the alternative contractual fall-back provisions that are being proposed. Finally, it analyses the four...
13 February 2019
Governance: The new age of leadership
Recent shareholder action against executive remuneration, the expansion of APRA’s ambit to include a greater focus on culture and remuneration, the introduction of the BEAR and the rise of the “community expectations” standard shows the new microscope penetrating boardrooms and the upper echelons...
13 February 2019
The Regulators
The Final Report has been released and for those who followed the public hearings, the recommendations are not surprising. The regulators, ASIC and APRA, have been given increased regulatory scope and more tools to regulate. The key question is, following on from the Final Report, where next for...
13 February 2019
Banking and Credit (General)
The recommendations made in relation to banking and credit more generally were in some regards unsurprising and minor, relative to the responsible lending recommendations and credit distribution recommendations , both of which went to the crux of Commissioner Hayne’s “four observations”.
