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01 November 2022
Retail access for virtual assets – risky business or radical open-mindedness?
Hong Kong’s Fintech Week 2022 began with a crypto-infused bang with keynote speeches from the Government and financial regulators embracing the financial innovation made possible by virtual assets (VAs). Recognising that VAs are here to stay, Hong Kong has proposed to recalibrate the existing legal...
19 August 2022
Penalties for breaches of Australian competition and consumer law set to increase
On 18 August 2022, the Commonwealth Government released draft legislation proposing five-fold increases in the maximum penalties that apply to companies and individuals under Australia’s competition and consumer laws.
09 December 2021
The UK Online Safety Bill: Harmful (but legal) content and what’s next
While regulation of the internet in the UK has (up until recently) been light-touch, the last decade has exposed countless examples of the harmful impact of online content and has highlighted the need for greater regulation in this area.
05 November 2021
FAR moving forward: What’s new and what next?
The Financial Accountability Regime Bill 2021 ( FAR Bill ) was introduced in the House of Representatives on 28 October 2021. This legislation will replace and extend the Banking Executive Accountability Regime ( BEAR ) (which currently only applies to authorised deposit-taking institutions ( ADIs...
15 June 2021
ASIC’s consultation on regulator guidance closes as financial service and credit licensees prepare for Australia’s breach reporting reforms
In April of this year, we wrote about draft guidance released by the Australian Securities and Investments Commission (ASIC) on the significant impending changes to Australia’s breach reporting regime.
26 April 2021
Regulator guidance the latest development in countdown to Australia’s breach reporting reforms
In December last year we wrote of the sweeping changes to Australia’s breach reporting regime that had been passed into legislation by Federal Parliament and would have significant implications for Australian financial services and credit licensees ( AFS Licensees and Credit Licensees respectively).
30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
26 March 2021
Major foreign investment reforms in Australia – what you need to know
Significant amendments to Australia’s foreign investment regime commenced on 1 January 2021. Nearly three months after their commencement, we are beginning to see evidence of a more cautious approach by applicants seeking foreign investment approval. However, 2021 has also brought some positive...
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31 March 2023
Asia-Pacific Antitrust Review 2023: APAC competition authorities tactics and developments in Australian competition law
Recently we have written two chapters in the latest Asia-Pacific Antitrust Review 2023 where we provided a snapshot of broad trends in competition law enforcement across the Asia-Pacific region, and summary of recent developments in Australian competition law and ACCC areas of focus for 2023.
30 March 2023
Establishment of National Reconstruction Fund in Australia
This week, the Australian federal government passed a bill to establish a $15 billion National Reconstruction Fund (NRF) to invest in priority areas of the Australian economy. What is the NRF, what are the government's priority areas, and what trends are we seeing around the world?
27 March 2023
Corporate Governance snapshot: The EU Corporate Sustainability Reporting Directive & its impact in the UK
Even though the UK is not part of the EU, the EU Corporate Sustainability Reporting Directive (CSRD) ( 2022/2464 ) will apply to some UK incorporated companies. The CSRD, which entered into force in January 2023, sets out additional disclosures for companies to include in their annual report in...
27 March 2023
Merger arbitrage – the important role it can play in public M&A deals
We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023
Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter
The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
23 March 2023
Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law
The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We reflect on five recent ACCC speeches and announcements which have reiterated the...