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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...
12 March 2020
ASIC Proposes New Guidance on Ongoing Fee Arrangements
ASIC is proposing to issue guidance on how it will regulate ongoing fee arrangements ( OFAs ). Depending on the position it takes, these arrangements, which have been challenging for the advice industry to comply with since they were introduced as part of the Future of Financial Advice reforms,...
03 March 2020
Directors walking tightrope on ESG disclosure
In the context of BlackRock’s climate ‘epiphany’ last month, as well as clear indications from significant fund managers such as Sir Christopher Hohn’s TCI Funds Management that they will be taking more overtly activist steps to catalyse climate action in future, listed company boards have never...
28 February 2020
2019 Australian IPO Review: REIT IPOs – The answer for you?
Australian real estate continues to attract substantial investment, both from domestic and offshore players, with the predominant structure for commercial property ownership being real estate investment trusts (both listed and unlisted). Recent experience demonstrates that REIT IPOs continue to be...
28 February 2020
2019 Australian IPO Review: Regulatory developments
In 2019, ASIC and ASX have had a continued focus on enhancing the integrity and corporate governance practices of entities seeking to conduct IPOs, with ASX’s amendments to the Listing Rules and the Corporate Governance Principles and Recommendations coming into effect and ASIC issuing various...
06 February 2020
Australian privacy law reform and review announced
On 12 December 2019, the Australian Government announced its response to the Australian Competition & Consumer Commission’s ( ACCC ) Digital Platform Inquiry. Despite the Inquiry’s name, only 1 of the 11 recommendations in the report about data practices is targeted at digital platforms.
24 January 2020
Financial Accountability Regime to introduce obligations on RSE licensees and insurers
Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
18 December 2019
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws ( RG 209 ), which landed on 9 December 2019 and is another significant development in the understanding of these laws.
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
02 April 2020
Alumni End of Summer Soirée, Sydney
Herbert Smith Freehills invites our Alumni back home this year, for a reunion to experience an End of Summer Soir ée. Join us for a colourful affair where guests can relax, and catch up with old friends. You'll enjoy a feast of summer delights with a Gelato Messina pop-up, sample Prosecco and...
27 March 2020
COVID-19 People: United States – Key Developments and Resources
As COVID-19 continues its spread across the United States, federal, state, and local governments are taking emergency measures on a daily basis to respond to the pandemic. To keep our clients updated on these developments, below we have provided key considerations, developments, and resources in...
27 March 2020
COVID-19 Governance: United States – Regulatory and Litigation Developments
As COVID-19 continues its spread across the United States, federal, state, and local governments are taking emergency measures on a daily basis to respond to the pandemic. To keep our clients updated on these developments, below we have provided key considerations, developments, and resources...
27 March 2020
COVID-19 Malaysia: Governance - Impacts of the Movement Control Order on your business
Prompted by the rapid increase of COVID-19 cases in the country over the past few weeks, the Malaysian Government issued the Movement Control Order (MCO) effective 18 to 31 March 2020, and now extended to 14 April 2020.
27 March 2020
COVID-19 RUSSIA: PRESSURE POINTS - COVID-19 AND WITHHOLDING TAX – UNEXPECTED LINKS, UNUSUAL MECHANISMS
On 25 March 2020 president Putin in his television speech addressing Russian citizens 1 announced a set of support measures to be provided to the poorest citizens and small and medium businesses in the context of the spread of COVID-19. At the same time, in addition to these measures, the President...
27 March 2020
COVID-19 Global: Webinar series
The COVID-19 pandemic is creating significant health, social and economic challenges world-wide, forcing governments and businesses to critically assess the impact to their people, operations and governance. We understand that navigating the pace of change, whilst also dealing with immediate issues...
26 March 2020
COVID-19 RUSSIA: PRESSURE POINTS: CIVIL LAW QUALIFICATION AND CONSEQUENCES FOR CONTRACTUAL RELATIONS UNDER RUSSIAN LAW
Notwithstanding its detrimental impact on both the public health and the global economy, the increasingly global prevalence of the novel coronavirus (which causes the disease known as “COVID-19”) has less obvious and straightforward legal consequences for market participants.
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...
26 March 2020
COVID-19 Pressure Points: Africa – Business Rescue and Insolvency in the OHADA region
A mere few weeks ago, the hypothesis that the COVID-19 virus would not affect the African continent was still being widely propagated. The theory that the virus does not survive in warm weather has since been debunked and the number of African countries that have recorded confirmed cases of...
