Expertise Archives:
The ALRC’s solution for simplifying financial services laws
On 18 January 2024, the Australian Law Reform Commission (ALRC) tabled its final report into the legislative framework for corporations and financial services regulation, containing 58 recommendations that aim to transform corporations and financial services legislation into a more efficient and user-friendly legislative framework. We summarise the recommended legislative framework below and explore ALRC’s proposed …
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Natalie Kurdian
Financial assistance and whitewash in financing transactions
The financial assistance provisions in the Corporations Act 2001 (Cth) (Act) have been around for many years and arise as a consideration in a wide range of commercial transactions. This article provides a summary of when the financial assistance legislation applies, and the options available to comply with the applicable requirements in the context of …
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Chris Barr
Kate Power
Rob Dickfos
Stephen Iu
Michelle Guy
Execution of documents – where do things stand?
The law regarding execution of documents in Australia has been in a constant state of flux over the past two years, with numerous temporary measures coming and going, and coming back. While reforms permitting electronic execution have generally been welcomed, the continuing uncertainty on what rules apply at what time has caused confusion and disruption. …
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Super Stapling – the new rules affecting employee onboarding processes
From 1 November 2021, employers need to ensure that their employee onboarding processes, payroll systems and contracts comply with the Government’s new super stapling requirements. These new rules are aimed at reducing the number of superannuation accounts that are established each time an employee commences a new role. What has changed? Under the current regime, …
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Retaining the best employees: 4 key employment considerations for your RegTech business so key innovators don’t leave with your ideas
The regulatory technology (RegTech) sector has gained rapid traction in recent years. Young RegTech companies seeking to differentiate themselves in a booming industry will only be as innovative as their employees. In Australia, these businesses are hiring in a highly competitive market and should be considering the steps they can take to retain the best …
Post-IPO lock-up: Protecting Australian investors at the risk of global competitiveness
The Australian Stock Exchange (ASX) has made welcome changes to its rules around post-IPO lock-ups. But do they go far enough? While a strong regime benefits new investors and market integrity, is the position globally competitive? Do we risk losing IPOs to other jurisdictions? If Australia’s regime is not globally competitive, we risk losing Australian …
RegTech cloud services agreements – assessing the real risks
Part 1 – Setting the scene, service levels and data The conversation usually goes a little like this when you ask most cloud services providers to amend their terms… “We’re a one to many provider, our pricing is based on having a single offering with a consistent approach to risk” “We don’t control your data, …
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Privacy by Design – protecting personal information from the wire-frame up
[vc_row][vc_column][vc_column_text] The dynamic and ever-growing nature of privacy regulations and attack vectors related to privacy emphasises the importance for organisations to do a better job protecting data through technology design. Also known as, ‘Privacy by Design’ and ‘Privacy by Default’, the terms refer to the system engineering approach of integrating data procedures in technology to …
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Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery
The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …
New rules and a bigger box – your toolkit for playing in the Australian Government enhanced regulatory sandbox
[vc_row][vc_column][vc_column_text]The ASIC regulatory sandbox, established in December 2016, provided a licensing exemption to allow eligible fintech companies to test certain products or services for up to 12 months without an Australian financial services licence (AFSL) or Australian credit licence (ACL). The Australian Government enhanced regulatory sandbox (ERS) commenced on 1 September 2020 and superseded the …
Overview of Australia’s regulatory framework
Business dealings in Australia are controlled by a large number of regulators. These regulatory bodies have jurisdiction at both the Federal and State level. Australia’s regulators have a broad remit to oversee the conduct of businesses in a wide range of sectors, from financial services to energy infrastructure. Australia’s corporate regulators are creatures of statute. …
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What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements
In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation. On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. Importantly, the …
Emerging Issues: Australian Technology, Media and Telecommunications Sector Insights
[vc_row][vc_column][vc_column_text] We are pleased to bring you the July 2020 edition of Emerging Issues for the Technology, Media and Telecommunications (TMT) sector. In this Emerging Issue, we take an in-depth look at: the implications of the recent Data Protection Commission v Facebook Ireland Limited (C-311/18) decision and what it means for Australian businesses sharing data …
Kangaroos and cowboys
Most people will have heard of a ‘bull market’ or a ‘bear market’, but United States (US) business news provider CNBC added a new animal to the financial zoo earlier this year by describing the current US stock market as a ‘kangaroo market’ (due, presumably, to its bouncing up and down without any specific trend). …
Are loan books next on the block for Australia?
Australia, like everyone else, has experienced a seismic shock to its financial system and economy arising out of the Black Swan of COVID-19. And this time it is different, for an Australia which did not suffer in the same way as many other advanced economies arising out of the Great Recession. Then, it benefited from the …
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Viruses about! Cyber-security update for lenders
The Lender series publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. The COVID-19 outbreak poses an array of cyber security challenges for lenders in Australia. The ACCC’s cyber monitor, ScamWatch, has reported a significant increase in cyber security incidents …
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Casual approach causes major headache: WorkPac v Rossato
In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees. An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …
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Workers not entitled to use paid sick leave during stand down
In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down. The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …
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Be cyber-safe, don’t hibernate
As Scott Morrison implements strict social distancing measures and puts our Australian economy into hibernation, businesses in the financial services sector must remain extra vigilant of the increase in cyber-threats facing them, their suppliers and their customers from the digital space. Although we are all busily practising social distancing, it is crucial for businesses in …
Emerging Issues: Australian Technology, Media and Telecommunications Sector Insights
We are pleased to bring you the April 2020 edition of Emerging Issues for the Australian Technology, media and telecommunications (TMT) sector. In this Emerging Issues, we discuss: how the challenge of mass-remote-working in the advent of COVID-19 raises both new and known cyber-security issues; the current regulation of digital advice providers and the challenges …
ASX announces temporary capital raising relief and new guidance for listed entities in response to COVID-19
In a Compliance Update released on 31 March 2020, ASX has sought to outline its response to COVID-19 and a number of temporary measures aimed at assisting listed entities. These measures, to a certain degree, support measures previously announced by ASIC. Continuous disclosure obligations ASX has confirmed they do not expect listed entities to make …
JobKeeper payments: wage relief and support for businesses
[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …
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COVID-19: Issues for consideration
[vc_row][vc_column][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_column_text]Issue[/vc_column_text][/vc_column][vc_column width=”3/4″][vc_column_text]What to consider[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_column_text]Proper disclosure by public companies of the impact of the outbreak on the company[/vc_column_text][/vc_column][vc_column width=”3/4″][vc_column_text]Listed companies and their boards should carefully consider the impact or potential impacts of the outbreak (and action being taken in response to the outbreak) on their business. Where there is an expectation or reasonable likelihood …