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23 July 2020
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of any ‘physical damage’ to insured property, 1 which typically triggers the ‘business interruption’ ( BI ) coverage in the industry standard...
21 July 2020
Can predictive analytics prevent employee misconduct?
With predictive policing and crime forecasting gaining attention, although not always good, it is not surprising that businesses are considering how to deploy analytics in their fight against employee misconduct. Certainly, financial regulators have encouraged organisations to become more...
21 July 2020
Digital forensics in investigations and the growing data burden
The approach to digital forensics in investigations is constantly evolving to keep pace with the increasing volume, velocity and variety of data within organisations. Almost every action we take leaves a digital trail and the type of information businesses are collecting, both internal and external...
21 July 2020
Big data and modern slavery
While the benefits of data and technology can be leveraged to aid businesses with modern slavery compliance and due diligence, businesses should not lose sight of the risks involved with overreliance on these tools. Despite the promise of more informed decision making, big data is not without its...
21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
21 July 2020
Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect misconduct by employees and customers that has gone undetected by a company’s own internal systems.
08 July 2020
Significant changes in effect in Queensland for resource authorities holders and large scale mining leases
Update: On 7 September 2020 key provisions of the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) ( the Amendment Act ) commenced. Resource authority holders should be aware that the changes introduced through the Amendment Act now apply to all direct transfers, change...
29 June 2020
COVID-19: Pressure Points: The Global Impact on the Mining Industry
The COVID-19 pandemic is an unprecedented humanitarian and economic crisis. The mining industry has sought to respond quickly to protect the health of its employees and its communities. These steps are in response to (and often ahead of) emergency measures and lockdowns implemented by governments...
05 June 2020
Declarations extended for CQCN, Queensland Rail and DBCT services
The Queensland Treasurer and Minister for Infrastructure and Planning on 31 May 2020 declared Central Queensland Coal Network services ( CQCN services ), parts of the Queensland Rail service ( QR service ) and Dalrymple Bay Coal Terminal services ( DBCT services ) as services under sections 84-87...
26 May 2020
Australian Federal Government eases continuous disclosure rules
Yesterday, the Australian Federal Government modified the continuous disclosure provisions of the Corporations Act 2001 (Cth) ( Corporations Act ) in an effort to provide temporary relief to companies and officers for a six month period from today.
22 May 2020
COVID-19: Initial responses of certain African countries (Africa)
More than 2 months after the WHO declared the novel coronavirus a pandemic on 11 March 2020, the epicentre of the outbreak has shifted from Asia, where it first appeared in late 2019, to the USA, which still has the highest number of COVID-19 cases and deaths. While initial fears were focused on...
09 April 2020
Exploring Opportunities: Managing competition issues whilst allowing businesses to collaborate (Australia)
The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to authorise coordination as between competitors which might otherwise contravene provisions of the Competition and Consumer Act ( CCA ) .
03 April 2020
COVID-19: People: Temporary amendments to Modern Awards concerning leave entitlements (Australia)
The Fair Work Commission ( FWC ) announced that it proposes to temporarily vary 103 modern awards to: provide all employees (including full-time, part-time and casual employees) with a new entitlement of up to 2 weeks’ unpaid pandemic leave; and provide for employees, by agreement with their...
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30 April 2021
German Government Introduces Significant Amendment of FDI Rules
Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette ( Bundesanzeiger ).
30 April 2021
UK National Security and Investment Act 2020 granted Royal Assent: what do investors need to know?
On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign...
30 April 2021
‘GO SHOP’ PROVISIONS: THE EXCEPTION OR THE NEW MAINSTREAM?
A ‘go shop’ provision has recently been used to secure a superior proposal for a target company. That in turn led to another bidder emerging. We examine the use of ‘go shops’ in our market and whether they will become more common in the future.
29 April 2021
Scottish independence: implications for the North Sea oil and gas sector
The North Sea oil and gas industry has played a key role in Scotland’s economy since the 1970s. While annual oil production peaked in 1999 and North Sea tax revenues have fallen considerably in the last five years, Scotland's oil and gas industry, including related services, is still of great...
29 April 2021
Scottish Independence: implications for financial services
Scottish independence from the United Kingdom is the over-riding policy imperative of the Scottish National Party (SNP). There are many hurdles to achieving this goal, but with the polls indicating a likely majority in the Scottish elections for the SNP (or for the SNP together with like-minded...
29 April 2021
Scottish independence: implications for Great Britain’s single energy market, renewables and net zero
The prospect of a second independence referendum, like the first in 2014 (see our Routes and obstacles to a second Scottish independence referendum briefing), raises a number of issues for Great Britain’s single integrated energy markets for electricity and gas. This briefing takes an initial look...
28 April 2021
Key learnings from ACCC v Google (No 2) for disclosing data practices
The Federal Court has handed down its decision in Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367. The decision is important as it shows the continued acceptance by the Federal Court of expert evidence in the field of behavioural economics as a foundation for...
26 April 2021
Regulator guidance the latest development in countdown to Australia’s breach reporting reforms
In December last year we wrote of the sweeping changes to Australia’s breach reporting regime that had been passed into legislation by Federal Parliament and would have significant implications for Australian financial services and credit licensees ( AFS Licensees and Credit Licensees respectively).
22 April 2021
Scottish Independence: The International Law Implications
The prospect of an independent Scotland raises a number of significant questions as to the impact on the rights and obligations of both Scotland and the rest of the UK ( rUK ) under international law. This short article highlights some of the key international law implications of Scottish...
22 April 2021
Scottish independence and currency: choices, issues and implications
During the 2014 referendum, an independent Scotland’s approach to currency was one of the most hotly contested issues. That partly reflects currency’s role, like flags, as emblems of national identity and continuity. More fundamentally though, different currency regimes have profound implications...
22 April 2021
Scottish Independence: Contracts and other obligations
What will be the effect on our contracts? As with the prospects for and then the reality of Brexit, the prospect of an independent Scotland raises questions for business about contracts and other obligations. This briefing outlines a number of relevant implications of independence and the relevant...
22 April 2021
Scottish independence and EU membership: process and implications
In 2016, shortly prior to the UK’s referendum on EU membership, the Scottish National Party ( SNP ) manifesto argued that “significant and material changes in circumstances that prevailed in 2014” would justify a second Scottish independence referendum and that “Scotland being taken out of the EU...