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10 July 2020
New ASIC guidance for officers and senior managers on whistleblower laws
On 30 June 2020, ASIC released INFO 247 : Company officer obligations under the whistleblower protection provisions . The volume of information and guidance on whistleblowing can feel overwhelming at times. The information sheet largely repeats aspects of ASIC’s guidance in Regulatory Guide 270 (...
09 July 2020
Pressure Points: A focus on security interests under the PPSA (Australia)
Like other crises that have come before it, both financial and otherwise, Covid-19 has impacted business revenue in almost all sectors. Government mandated social and business lockdowns in Australia and overseas have resulted in contracted liquidity and businesses needing to expend cash, tap...
07 July 2020
Governance: Key considerations for effectively managing remuneration arrangements during the pandemic (Australia)
One of the many issues companies are facing in light of the Covid-19 pandemic is how best to appropriately remunerate, incentivise and retain employee and executive talent as the pandemic continues to unfold. This article sets out five key issues for listed companies and their remuneration...
02 July 2020
Woolworths spam receives unwelcome attention
The Australian Communications and Media Authority ( ACMA ) reported on the 2 July that Woolworths Group Limited has paid a million-dollar infringement notice and agreed to a court-enforceable undertaking in response to breaches of spam laws. The infringement notice for $1,003,800 is the largest...
02 July 2020
Foreign Investment: Rising Tides of Politics in Regulation - Updated Report
We are delighted to share with you our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation, which reflects a swathe of recent changes to Foreign Direct Investment ( FDI ) regimes around the world against the backdrop of the Covid-19 pandemic.
30 June 2020
Saving millions of shareholder dollars and forests of trees is easier than you think
How often do those of us in M&A and in-house legal and company secretariat teams have an opportunity to save trees and millions of shareholder dollars? The recent temporary changes to the Corporations Act in response to the challenges posed by COVID-19 facilitate this by allowing notices of...
25 June 2020
People: Industrial relations reform in 2020? Here we go again... (Australia)
It is ironic that on 26 May, almost precisely one year after the 2019 Federal Election, the PM made important announcements about Australia’s industrial relations ( IR ) system. The irony of course arises from the quite radical IR proposals which were taken to the election by the Australian Labor...
24 June 2020
Pressure Points: Preparing for the ‘new norm’ of on and off restrictions
As most of Australia contemplates the ongoing easing of emergency measures taken by State, Territory and Commonwealth governments in response to Covid-19, Victoria has announced it will extend its state of emergency until at least 20 July after a spike in cases. Further away, cities in China and...
18 June 2020
Future Cities Series: Views from our sector experts
This series examines the most pressing issues facing our cities in the post-Covid era. We have taken a cross-sector view of the legal and regulatory impacts of the pandemic and have scrutinised the key areas that are likely to be affected by it. Across each of those areas, our sector experts...
18 June 2020
Future Cities Series: Emissions down in lock-down – how can we lock-in the climate gains?
We are well into the pandemic and lockdown in many regions, so it is natural to ask the question, “ when will this end and when will we return to normal ”... The problem is, “normal” was not sustainable, in so many ways. Those of us in the energy industry particularly know that to be true. This...
18 June 2020
Future Cities Series: How planning and zoning rules can be used to incentivise post-Covid development in cities
The Covid-19 pandemic has spread rapidly in densely populated cities, with typically only three to four weeks between the first fatality and the initial peak of infections. Like all unwanted guests, it will depart more slowly. As the health crisis begins to recede, we are facing months of continued...
18 June 2020
Future Cities Series: Change in direction or full speed ahead for the transport industry?
Modern transport has allowed us to travel further and faster, and in much greater numbers. It has shaped where we live, how we work and how we have fun. Developments in transport usage have in turn been shaped by external drivers; technological innovation, economic developments, government...
18 June 2020
Future Cities Series: Prioritising and funding sustainable infrastructure in a post-Covid era
In response to Covid-19 governments across the world have made drastic interventions in order to protect public health. Lockdowns and other social isolation requirements have shut down large parts of national economies. For now at least, planes are grounded, global demand for energy has plunged and...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
10 July 2020
New ASIC guidance for officers and senior managers on whistleblower laws
On 30 June 2020, ASIC released INFO 247 : Company officer obligations under the whistleblower protection provisions . The volume of information and guidance on whistleblowing can feel overwhelming at times. The information sheet largely repeats aspects of ASIC’s guidance in Regulatory Guide 270 (...
10 July 2020
Pressure Points: Covid-19 and Fraud (UK)
Covid-19 restrictions are being slowly eased, but the impact of the pandemic and related lockdown measures on financial crime risk and on related compliance measures continues to be a high priority for business. In our April briefing , we analysed the impact of the restrictions on the UK criminal...
10 July 2020
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed sum that is payable on breach, or set a maximum sum for any damages, or exclude liability (or particular categories of liability) altogether.
09 July 2020
Pressure Points: A focus on security interests under the PPSA (Australia)
Like other crises that have come before it, both financial and otherwise, Covid-19 has impacted business revenue in almost all sectors. Government mandated social and business lockdowns in Australia and overseas have resulted in contracted liquidity and businesses needing to expend cash, tap...
08 July 2020
People: Post-lockdown issues for employers (UK)
On 11 May 2020 the UK Government published its roadmap for coming out of lockdown, providing for a (conditional) phased return of schools and businesses over the coming months and subject to continuing social distancing requirements. Most businesses and venues (except for certain close contact...
08 July 2020
Significant changes imminent in Queensland for resource authorities holders and large scale mining leases
On 25 May 2020, the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (Amendment Act) was granted assent by the Queensland Governor. The changes under the Amendment Act will commence on a date yet to be proclaimed by the Governor.
08 July 2020
People: Job Retention Scheme (UK)
On 29 May 2020 the Chancellor confirmed the extension of the HMRC's Coronavirus Job Retention Scheme ("CJRS"), with new flexibility added for employers to partially furlough employees from 1 July 2020. Employees can now work for any proportion of their usual hours and any shift pattern, with...
08 July 2020
Exploring Opportunities: Acquiring IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
07 July 2020
Governance: Key considerations for effectively managing remuneration arrangements during the pandemic (Australia)
One of the many issues companies are facing in light of the Covid-19 pandemic is how best to appropriately remunerate, incentivise and retain employee and executive talent as the pandemic continues to unfold. This article sets out five key issues for listed companies and their remuneration...
03 July 2020
Pressure Points: Key actions checklists for trustees and sponsors of DB schemes (UK) - Updated
Current events related to Covid-19 and the related economic impact are raising a number of time critical issues that sponsors and trustees of defined benefit schemes need to address. To help with this, we have created checklists (based on our experience advising clients to date) which summarise the...
03 July 2020
People: Key actions checklists for trustees and employers of DC schemes (UK) - Updated
Current events related to Covid-19 and the related economic impact are raising a number of time critical pensions-related issues that employers with defined contribution (DC) schemes and trustees of such schemes need to address. To help with this, we have created checklists (based on our experience...
02 July 2020
Woolworths spam receives unwelcome attention
The Australian Communications and Media Authority ( ACMA ) reported on the 2 July that Woolworths Group Limited has paid a million-dollar infringement notice and agreed to a court-enforceable undertaking in response to breaches of spam laws. The infringement notice for $1,003,800 is the largest...
