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14 October 2019

Do you want it right now? The exciting future of contextual commerce

E-commerce has revolutionised the retail experience by enabling individuals to purchase goods and services from the comfort of their homes with a simple click. "Contextual commerce", the next frontier for retail experience enhancement, takes the convenience and spontaneity of one-click purchasing...
10 October 2019

Are you prepared? The board’s role in crisis management

With the ever-increasing growth in the number and potential magnitude of cyber, technological and operational risks to financial services entities, boards need to be prepared to respond to these types of crisis and ensure that the entity’s critical information assets are appropriately secured.
10 October 2019

Federal Government revives its controversial electricity misconduct bill

The Federal Government re-introduced its much-criticised ‘big stick’ energy laws this month after having abandoned the first iteration of the bill in December 2018.
10 October 2019

Order restored: High Court clarifies quantum meruit

After over a decade of uncertainty, the High Court yesterday reined in the use of the quantum meruit remedy. A majority of the Court found that builders can no longer seek compensation on a quantum meruit basis in relation to works where the builder has accrued a right to payment under the contract...
10 October 2019

Hong Kong SFC publishes licensing conditions for virtual asset fund managers

On 4 October 2019, the Securities and Futures Commission ( SFC ) published proforma terms and conditions which will apply to virtual asset fund managers that meet specified criteria.
10 October 2019

Corporate Crime Update, Autumn 2019

Welcome to the Autumn 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This bumper edition covers a number of jurisdictions, and includes content from the summer break. For the full update on...
09 October 2019

The hidden legal risks in Australian super fund mergers

The contemporary resurgence of super fund mergers presents a material risk of claims against directors of super fund trustees, if trustees are not undertaking appropriately sophisticated diligence exercises that take account of the complexity of modern portfolios.
09 October 2019

ACCC inquiry into Murray-Darling Basin water markets

The Australian Competition and Consumer Commission ( ACCC ) has recently commenced an inquiry into the water trading market in the Murray-Darling Basin.
09 October 2019

Why are secondaries coming first?

During the last few years, the secondaries market has steadily turned the alternatives space into a relatively liquid asset class, creating an industry in itself that demands special attention.
09 October 2019

A leadership role for super funds in solving Australia’s energy trilemma?

On 29 June 2019, Industry Super Australia ( ISA ) released its Modernising Electricity Sectors Discussion Paper (the Paper ) 1 which seeks to assist super funds in understanding and navigating the regulatory uncertainty in investing in the Australian electricity sector. More specifically, it aims “...
09 October 2019

AustralianSuper’s US$1billion commitment reflects burgeoning interest in Indian infrastructure

AustralianSuper’s commitment a harbinger for future emerging market investment by Aussie funds.
09 October 2019

ASIC Corporate Governance Taskforce: Director and officer oversight of non-financial risk report

The ASIC Corporate Governance Taskforce ( Taskforce ) released its ‘Director and officer oversight of non-financial risk report’ ( Report ) on 2 October 2019. The Report follows the review by the Taskforce of director and officer oversight of non-financial risk in financial services companies, and...
09 October 2019

Key Australian public M&A themes and issues for institutional investors

Globally, we are witnessing the continuing emergence of institutional investors as alternative sources of capital in public markets and participating in landmark deals.
08 October 2019

What happens when a VC fund and a law firm host a future of HR summit?

Over the past two weeks we have seen Culture Amp raise over $100 million, Atlassian release their culture playbook publicly, and over 180 chief executive officers of leading global companies, headed by the well-respected CEO of JPMorgan Chase, Jamie Dimon, recommend, “that corporations must change...
07 October 2019

Re-Assessing Directors' Liability for Unlawful Dividends

PRACTICAL IMPLICATIONS FOR COMPANIES AND OFFICEHOLDERS Revisiting over 150 years of case law, the High Court has resolved a question on which both the courts and textbooks had given conflicting answers: is a director's liability for payment of a dividend which is unlawful as a result of incorrect...