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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 [2019] 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 [2019] 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,...
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10 October 2022
HSF PROUD GOLD SPONSORS AT THE LONDON CONFERENCE ON INTERNATIONAL LAW: 10-11 OCTOBER 2022
The London Conference on International Law will be taking place at the QEII Centre, London, on Monday 10 October and Tuesday 11 October 2022. This year’s conference will focus on ‘States in Emergency – International Law at a Time of Reckoning’ .
06 October 2022
Near enough is good enough: Full Federal Court of Australia revisits construction of “about” in patent claim
In the area of patent law, clarity is king. Where precision of language is essential for defining the limits and scope of legal rights, the acceptance within Australia of unbounded terms such as “about” in patent claims (unlike other major jurisdictions such as Europe) seems almost anomalous.
30 September 2022
Latest developments - Creating a National Anti-Corruption Commission: What does it mean for business?
On 28 September 2022, the Australian Labor Party introduced the National Anti-Corruption Commission Bill 2022 to federal parliament, fulfilling one of its key promises from the federal election earlier this year.
29 September 2022
Africa’s competitive edge as a clean hydrogen hub
The following article by Nina Bowyer, a partner based in our Paris office and the co-Head of the firm’s Africa Practice Group, and Barbara McNulty, an associate based in our London office, was first published by Africa Oil Week (AOW) ahead of AOW 2022, taking place in Cape Town in October 2022...
28 September 2022
Trust Companies Survey 2022: ESG and Trusts
ESG is one of the most common phrases we hear these days in investing circles and trusts and trustees are not untouched by the increasing focus on Environmental, Social and Governance investment criteria. However, trustees may not feel as free as private individuals to apply ESG screens to their...
21 September 2022
The EU Foreign Subsidies Regulation: Substantive Assessment Issues and Open Questions
The EU Institutions have now reached agreement in relation to the new Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market.
21 September 2022
The third age looms – Why impact will shape the next generation of sustainable finance
Although one of the most touted investment trends, impact investing remains plagued by misconceptions and regulatory confusion. We look back over the three eras of sustainable investing and argue impact will unlock a new ambition for progressive finance.
20 September 2022
Japan Publishes Guidelines on Corporate Human Rights Due Diligence
On 13 September 2022, the Japanese government ( Government ) published its Guidelines on Respecting Human Rights in Responsible Supply Chains ( Guidelines ) (available in Japanese here ). The Guidelines set out how businesses active in Japan should address the human rights risks arising in their...