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Recent Articles

08 November 2021

Cultivating board culture towards greater accountability

With potential rule changes on the way listed companies should be thinking ahead, we look at key issues your company needs to know
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...
04 November 2021

Quick briefing: What you need to know about directors’ duties and ESG

ESG presents complex and multifaceted issues for energy and resources companies. While the nature of the challenges is evolving and changes may be uncertain, it is clear that climate change, human rights and indigenous heritage risks will be important factors in many short, medium and long-term...
04 November 2021

Quick briefing: A miner’s guide to novel claims

In a time when investors, representative groups and climate activist groups across the world continue to scrutinise every action of corporate entities and governments, litigation is increasingly being used to pursue climate outcomes. Recent developments including the Sixth Assessment Report ( AR6...
04 November 2021

ACCC granted first interlocutory injunction to prevent merger in nearly 30 years

For the first time in 27 years, the ACCC has succeeded in obtaining an interlocutory injunction preventing an acquisition from completing until final determination of the proceeding 1 .
02 November 2021

UPC latest news

UPC – Doors Open in 2022
01 November 2021

Exclusive Content: In Support of NBCF - Pink Ribbon 2021 with The Australian Ballet

In support of the Australian National Breast Cancer Foundation (NBCF) and breast cancer awareness month, we are delighted to bring you two exclusive on-demand videos featuring an update from NBCF and a focus on wellness from The Australian Ballet.
29 October 2021

COVID-19 Business interruption Insurance – Round 1 of Second ICA test case to insurers

Insurers have won the first round of the Second ICA test case on business interruption insurance cover for losses arising from COVID-19 related causes. But the devil is in the detail of Justice Jagot’s judgment, and if one key finding is reversed on appeal then policyholders with cover for...
28 October 2021

Tools down: a review of modern slavery obligations in the construction sector

The term "modern slavery" covers a range of serious human rights violations, including human trafficking, slavery, forced labour, debt bondage, and the worst forms of child labour. Some may assume that such grave offences could only occur in the most extreme circumstances, perhaps in developing...
25 October 2021

The final Senate report on Australia as a tech and finance hub – An opportunity missed

The Senate Select Committee on Australia as a Technology and Financial Centre produced its Final Report on 20 October 2021 which supplements its recommendations in its first two interim reports. For the Committee’s recommendations in its second interim report, see our Article available here .
21 October 2021

Amending legacy contracts: how to cater for near risk-free rates

Herbert Smith Freehills LLP has published an article in Butterworths Journal of International Banking and Financial Law on amending legacy loan agreements to replace LIBOR with near risk-free rates.
21 October 2021

Australian Consumer Law - 10 Years Old and Really Growing Up

During this session our diverse group of panellists, including representatives from the ACCC, Telstra and Choice, explored the impact of the ACL on corporate Australia, the role of enforcement as compared to other forms of regulatory persuasion, the management of ACL risks within a large...
19 October 2021

Biannual Banking Litigation Update - Autumn 2021

The Autumn 2021 edition of our biannual Banking Litigation Update highlights a number of the most important cases and developments affecting UK financial institutions over the past six months.
18 October 2021

Public Law Project: Judicial Review Trends and Forecasts conference 2021

We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.
08 October 2021

Onwards and Upwards: In celebration of Black History Month

Making the time and effort to understand each other's lived experiences is an important part of our commitment to building a more inclusive culture in which everyone can thrive. Capturing these experiences through the eyes of colleagues enables us to collectively take another step towards a society...