26 March 2020
The Fairness Doctrine: A Return to the Status Quo?
In October 2019, the Full Federal Court decision in ASIC v Westpac Securities Administration Limited  FCAFC 187 ( ASIC v Westpac ) raised questions about the scope of the obligation on AFS licensees to act efficiently, honestly and fairly. Less than 6 months later, the Federal Court’s...
22 November 2019
CDR: Challenges and Opportunities in the Superannuation Sector
The Senate Select Committee on Financial Technology and Regulatory Technology (the Committee ) is considering the current and future government approach to FinTech and RegTech in Australia, and is inviting submissions until 31 December 2019.
06 November 2019
To infinity and beyond: The Fairness Doctrine
The implications of the recent Full Federal Court decision in ASIC v Westpac Securities Administration Limited  FCAFC 187 ( ASIC v Westpac ) are far-reaching for the financial services industry. The case is, of course, a significant development in the laws concerning the parameters of general...
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
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 “...
28 May 2019
Australian Federal Election Reforms Podcast
As part of Herbert Smith Freehills’ series on the employment and industrial relations reforms leading up to the Australian federal election, the inaugural podcast focuses on the Australian Labor Party’s policy platform. Future podcasts will focus on specific subject areas in more details.
19 March 2019
Superannuation Fund Governance Post-Hayne: Part Two
Conduct and Culture The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was charged with inquiring into, and reporting on, ‘whether any conduct of financial services entities might have amounted to misconduct and whether any conduct, practices,...
22 February 2019
Superannuation Fund Governance Post-Hayne: Part One
Institutional Structures The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was charged with inquiring into, and reporting on, ‘whether any conduct of financial services entities might have amounted to misconduct and whether any conduct, practices,...
20 May 2022
Issues in Contentious Insolvency Webinar Series
Liquidators are appointed whenever a company is wound up. Banks and other financial institutions often need to deal with liquidators. These interactions can range from (and can turn from) run-of-the-mill document/information requests, to something more contentious, high-profile and high-stake:...
19 May 2022
Do companies have a moral duty to self report to the SFO?
Although Amec Foster Wheeler’s corporate bribery settlement has not introduced any legal obligation to self-report wrongdoing to the Serious Fraud Office, the judgment does encourage companies to seriously consider their moral and ethical duties when deciding whether to do so, argue Herbert Smith...
18 May 2022
Australian Federal Election Workplace and Industrial Relations Survey: Back to the future?
In the lead up to the 2022 Australian Federal Election, our national team ran a series of feedback sessions and surveyed our national clients. The results of our 2022 Federal Election Workplace and Industrial Relations Survey are in.
12 May 2022
Half way to COP27: Are governments delivering on their climate promises?
We are excited to launch our latest report, Halfway to COP27 – a review of governments' ambitions and promises in respect of climate change, six months after the 2021 United Nations Climate Change Conference, commonly referred to as COP26, brought together 120 world leaders to discuss the issue.
10 May 2022
Corporate Governance snapshot: New rules on diversity-related disclosures for listed companies
The Financial Conduct Authority (FCA) has published its policy statement and new rules which require listed companies to make disclosures in relation to gender and ethnic diversity at board and executive management level for financial years beginning on or after 1 April 2022.