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03 December 2021
Expansion to Australia’s sanctions regime passed by Parliament
On 2 December 2021 the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021 ( Bill ) introducing a new thematic sanctions regime to the Autonomous Sanctions Act 2011 ( Act ) and Autonomous Sanctions Regulations 2011 ( Regulations ).
01 July 2021
Legal Professional Privilege in Australia
Download PDF Legal Professional Privilege ( LPP ) remains one of the most important areas of law for businesses to understand, particularly those navigating internal or external investigations, regulatory enforcement action, litigation or dispute resolution. Our regulatory and disputes specialists...
01 July 2021
Legal Professional Privilege: Claiming LPP
Download PDF This article is part of our Legal Professional Privilege in Australia series where our regulatory and disputes specialists have developed a suite of resources to provide practical guidance on common questions and scenarios when dealing with LPP in Australia.
18 June 2021
When should companies be prosecuted for the acts of employees and third parties?
On 9 June 2021, the HSF London Corporate Crime and Investigations ("CCI") team hosted the launch event for the Law Commission's consultation on what (if any) reform should be proposed to HM Government in relation to the law on corporate criminal liability in England and Wales. This was the first in...
09 June 2021
Launch event: Law Commission review of the law relating to corporate criminal liability
On 9 June 2021 at 4.30pm, our Corporate Crime and Investigations team will be hosting an event where the Law Commission will launch its review of the law relating to corporate criminal liability in England and Wales.
30 November 2020
Corporate Crime Update - November 2020
Welcome to the November 2020 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. For the full update on each jurisdiction, please click on the links below.
02 September 2020
ALRC takes a measured approach in its final report on corporate criminal responsibility
The ALRC’s final report on corporate criminal responsibility is lengthy and there is a lot to absorb for Government and the business community. We have outlined our key areas to watch on the proposed reforms. Against a poor record of corporate crime prosecutions in Australia, the ALRC was tasked...
21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
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11 August 2022
When notification and disclosure collide
A claim under a Directors and Officers liability policy for investigation, defence and settlement costs has ended with the New South Wales Supreme Court 1 allowing some claims but denying others. The decision is a reminder of the importance of robust internal insurance reporting processes, and of...
08 August 2022
The UPC Rules
On July 2022 the UPC Rules of Procedure (the Rules) were announced as approved with the amendments from the previous (18 th ) draft (from 2017) being published in tracked changes form . One of the most significant changes was to opt-out procedures, as well as changes to restrict access to pleadings...
05 August 2022
Australian regulator consults on new operational risk management prudential standard
The Australian Prudential Regulation Authority ( APRA ) has released its consultation on a new cross-industry prudential standard for operational risk management, CPS 230, which proposes to introduce a range of new requirements on APRA-regulated entities for managing operational risk and enhance...
04 August 2022
Cartel Intel: Interview with Ashley Brickles, Senior Managing Director at FTI Consulting
As part of our quarterly Cartel Intel series, Herbert Smith Freehills' Brussels partner Daniel Vowden sat down with Ashley Brickles, (Senior Managing Director at FTI Consulting) to discuss the latest EMEA cartel developments
04 August 2022
Another one bites the dust – managing risk in scheme transactions in Australia
A series of public M&A transactions in Australia have recently been called off or renegotiated in light of a changing market and worsening economic conditions, highlighting the need for target companies to carefully consider and protect against deal termination risk.
03 August 2022
Tax in M&A in the UK and Europe – What you need to know
The third edition of our comprehensive guide to tax in European transactions breaks down the key tactical issues for deal professionals and boards. From transfer taxes, to debt financing, to post-deal disposal issues – our experts chart the EMEA landscape
02 August 2022
12 months reprieve for Foreign Financial Services Providers using Australian Financial Services Licence Exemptions
Today the Australian corporate regulator, ASIC, announced an extension of 12 months for the transitional arrangements for the passporting exemptions and limited connection exemption, which will now expire on 31 March 2024.