01 June 2022
Managing market volatility in the context of scrip consideration
In Australia, market volatility has been a theme of 2022 and one many expect to continue to be relevant in the immediate future. We analyse how market participants can address this volatility in the context of deals with a scrip consideration component.
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.
06 May 2022
AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general Australian financial service license ( AFSL ) obligations.
02 May 2022
Scope of Australia’s anti-money laundering and counter-terrorism financing regime to be widened?
The impact of Australia's proposed anti-money laundering and counter terrorism financing (AML/CTF) regulation is likely to cause an increase in the regulatory and reporting requirements of the Gatekeeper Professions in addition to the upfront and ongoing costs of set up and maintenance.
27 April 2022
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, those products. A recent appeal court decision reinforces that, in the absence of a registered design, attempts to establish copyright in these...
22 April 2022
An election for the (w)ages
Just three years ago, the then ALP Leader, Bill Shorten, announced that the 2019 Election would be a “referendum on wages”. A raft of reforms were proposed by the Opposition, which were described to be key changes aimed at addressing flat wage growth. The “Change the Rules” campaign led by the...
11 April 2022
FFSP AFSL exemption uncertainty returns
The bill to implement the foreign financial service provider ( FFSP ) exemptions to the requirement to hold an Australian financial services licence ( AFSL ) has lapsed on the dissolution of Parliament following the calling of the federal election yesterday.
11 April 2022
Policyholder wins right to cover after ‘facts’ notified by insurer’s panel lawyer eventually became a ‘claim’
Under “claims made and notified” policies (such as professional indemnity policies or D&O policies), policyholders can ensure that a claim which might be made against them after the policy expires is still covered – they must have notified the insurer of the facts which give rise to that claim...
02 August 2022
12 months reprieve for Foreign Financial Services Providers using Australian Financial Services Licence Exemptions
Today the Australian corporate regulator, ASIC, announced an extension of 12 months for the transitional arrangements for the passporting exemptions and limited connection exemption, which will now expire on 31 March 2024.
22 July 2022
Artificial Intelligence and Renewables: The rise of renewables in Australia
What role will machine learning, a subset of AI, play in Australia's transition to a zero carbon energy future, and what are some of the implications and trade-offs that come with its increased use in our energy infrastructure?
20 July 2022
Trust companies survey 2022: Anti-money laundering regulation
The pace of change in anti-money laundering regulation has been rapid since the 2020 edition of our survey, and shows little sign of slowing down. The EU has introduced a significant AML reform package which is working its way through the legislative process, the UK recently issued responses to...
20 July 2022
‘Safe harbour’ protections may help Australian startups and scaleups ride out the current storm
With a tightening market for capital, the ‘safe harbour’ protections may be critical for Australian startups and scaleups who are unsure if they can raise more capital within their current cash runway or who need to raise through debt securities like convertible notes. Relying on ‘safe harbour’...