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...
20 March 2020
COVID-19: Pressure Points: Measures adopted by the Spanish Government for the energy sector (Spain)
In recent days the Spanish Government has approved a series of provisions to tackle the crisis caused by the COVID-19 outbreak. Those provisions adopt a set of measures that have differing impact on a number of business sectors.
18 March 2020
COVID-19: Governance: Plan now to manage environmental compliance during the crisis (Australia)
Australian companies should plan now to ensure environmental compliance as the COVID-19 pandemic unfolds. This is particularly the case for licensed facilities and businesses with the potential for material environmental impacts or other obligations in respect of emission, discharges and waste...
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...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
25 February 2021
Inside Arbitration: Event report - Investor-state mediation at the tipping point
The pandemic this year may have held a lot of us back from physical gatherings, but it certainly did not diminish our interest in gathering (virtually) for this year’s Hong Kong Mediation Lecture. The lecture, organised by the Department of Justice and proudly sponsored by Herbert Smith Freehills,...
25 February 2021
Inside Arbitration: Event report - The threat of legal claims against arbitrators and arbitral institutions
This year marked the tenth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series. We were privileged to have Ms Loretta Malintoppi from 39 Essex Chambers deliver that lecture, focusing on an often overlooked but growing threat of potential civil liability of arbitrators and...
24 February 2021
A tale of two halves: The 2020 Australian IPO Review
It gives us great pleasure to present A Tale of Two Halves: The 2020 Australian IPO Review . To access your copy of the full report click on the Download button above or to read on your mobile device, please click on the article links below.
24 February 2021
2020 Australian IPO Review: Regulatory developments
In 2020, regulatory developments in relation to IPOs have been relatively limited compared to previous years, with ASIC and ASX increasing their focus on regulation of secondary raisings during the Covid-19 pandemic. Nevertheless, the issue of ASIC class relief in relation to IPO communications and...
24 February 2021
2020 Australian IPO Review: Marketing in the ESG era
Environmental, social and governance (ESG) issues continued to gain traction at both the institutional and retail investor level during 2020, in some cases impacting on the type of ESG information included in prospectuses and other disclosure documents for companies’ public offerings.
23 February 2021
Inside Arbitration - Issue 11
Inside Arbitration is intended to give our clients a personal insight by sharing with you the perspectives of our international arbitration partners from across the globe. Our articles look at the global landscape for disputes and dispute resolution, commenting on regional trends in particular...
22 February 2021
The evolution of Class Actions in South Africa
Unlike development driven by legislative reform, the evolution of the common law through the process of judicial precedent takes time. Here, development only occurs when the courts are seized with a case worthy of an evolutionary push and this means that, even when deficiencies in the law are self-...
19 February 2021
Australian Federal Government seeks to permanently ease continuous disclosure rules
On 17 February 2021, the Australian Federal Government proposed new laws which, if enacted, will make permanent the temporary relief from liability for certain breaches of a listed entity’s continuous disclosure obligations.