New Australian whistleblower laws came into effect on 1 July 2019. Here are our top 5 practical challenges facing Australian companies from the new laws and what you need to think about and do to address these challenges.
G+T's Chief Operating Officer Sam Nickless speaks to The Australian about the firm’s work advising clients in the defining moments in a company’s commercial cycle – transactions, disputes and regulatory matters. He also discusses how the firm has diversified through G+T Innovate – providing legal technology and systems for in-house legal teams.
Should ASIC adopt the ‘litigate first’ approach to enforcement and has it been insufficiently tough on banks? Or have we gone too far in our preoccupation with banking mistakes? In his article in Disputes Yearbook 2019, G+T partner Richard Harris argues that "Bankers and banks are now exposed to much higher risks than ever and a greater probability of the risk eventuating."
The High Court’s decision in the high-profile Rinehart/Hancock dispute highlights the importance of drafting clear arbitration clauses if they are to be effective in keeping disputes between the parties out of the public eye.
Doing business in Australia answers some of the most common questions an overseas investor may ask when establishing a business presence in Australia. It aims to provide an introduction to the laws of Australia for overseas legal practitioners.
The focus on corporate conduct and enforcement continues with the announcement by the Federal Government of a review into Australia’s white-collar crime laws, including whether the current Commonwealth Criminal Code should be amended to enable senior corporate officers to be held liable for misconduct by corporations.
Last week’s double decisions of the Full Court of the Federal Court and the New South Wales Court of Appeal confirm the Courts’ powers to make common fund orders. The decisions will give litigation funders additional certainty over the recovery of their commissions and permit third-party funding to continue to be one of the drivers of the active class actions landscape in Australia.
The Bill extends the corporate whistleblower regime in the Corporations Act and creates a whistleblower regime in the Taxation Administration Act 1953 (TAA) for disclosures of information by individuals regarding tax law breaches or misconduct relating to an entity’s affairs.
On 14 February 2019, the Senate passed the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018 which very significantly increases penalties and prison terms for corporate and financial sector misconduct and adds penalties for provisions which were not previously the subject of financial penalty.
On 4 February 2019, the Government publicly released Commissioner Hayne’s Final Report (Report) in the Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry, representing the culmination of one of the most important public inquiries in Australian history, which has already fundamentally influenced and altered bank and corporate culture,