Senate Select Committee on Fintech and Regulatory Tech publishes interim report

The need for permanent corporate law reforms for virtual company meetings and electronic communications and signatures by companies – Senate Select Committee inquiry on Financial Technology and Regulatory Technology interim report and recommendations. In September 2020, the Senate Select Committee inquiry on Financial Technology and Regulatory Technology (Committee) released its interim report. The preliminary recommendations […]

Readmore

The Singapore Convention Has Now Entered Into Force

Purpose One of the major roadblocks for parties contemplating mediation of cross-border commercial disputes has been the uncertainty, cost and/or delay in enforcing a breach of a term of mediated settlement agreement. This has often resulted in parties to a commercial cross-border dispute resorting to court/curial focused litigation or indeed foreign arbitral proceedings which are […]

Readmore

COVID-19 | Emergency Amendments to Insolvency Laws: What’s next?

In March, we reported that, as part of a suite of legislative and economic responses to COVID-19 the Commonwealth Government had announced a range of temporary amendments to certain insolvency laws. The amendments were aimed at temporarily amending insolvency laws, affecting in turn corporate governance, and directors’ duties. The purpose of the amendments was to […]

Readmore

Webinar | Picking winners – state support for target businesses

Targeted government support for industry development, such as start-ups and investment attraction hubs, is part of a new age of economic intervention in an increasingly competitive world. But governments have traditionally struggled to understand private sector needs and deliver outcomes aligning social objectives with those needs whilst discharging their public interest obligations. This session will […]

Readmore

ACCC’s scrutiny of APRA’s licence fees and royalties is music to some businesses’ ears

Everybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]

Readmore

FSR Wrap | July 2020

Gadens has launched a new financial services regulatory update publication to keep the market informed of the latest developments – welcome to FSR Wrap. Gadens has extensive knowledge and expertise across the financial services sector. In the July 2020 edition of FSR Wrap, Edward Martin, Liam Hennessy, Glenn McGowan QC, Dudley Kneller and Gadens’ FSR […]

Readmore

Webinar | The Ever Expanding Compliance Obligations of Australian Directors

Gadens’ Corporate Partners Matt Egerton-Warburton and Robert Tracy presented the following discussion on the “Ever Expanding Compliance Obligations of Australian Directors” to the Ross Parson Centre of the University of Sydney Law School on Tuesday, 7 July 2020. The lecture was hosted by Jason Harris, Professor of Corporate Law at the University of Sydney. The […]

Readmore

The DIN is coming in! Australia’s introduction of a Director Identification Number (DIN) regime

Scrutiny of corporate governance and the role of directors is set to continue throughout 2020 and into 2021 as the aftermath of the Banking Royal Commission and economic impact of COVID-19 play out. Against that background, Australian directors and corporations now face a significant new administrative burden as the long-time-coming registry modernisation legislation passed without […]

Readmore

Holding company director as “officer” of subsidiary under the Corporations Act

In ASIC v King [2020] HCA 4, the High Court considered whether a director of a holding company was an “officer” of a subsidiary company for the purposes of the Corporations Act (the Act). If so, the “officer” may have been liable for breaches of duties as an “officer”. Background Mr King was the CEO and an executive director of […]

Readmore

COVID-19 | Stay Cyber Safe

In this joint publication with strategic communications agency Pesel & Carr, we break down how to manage your privacy obligations and communications effectively during the COVID-19 pandemic. There has been an uptick of reports of bad actors using the COVID-19 pandemic for scams, online frauds, and phishing campaigns. With new remote working arrangements and workplace […]

Readmore

Yearning for an interim fight? A warning regarding costs

A recent case in which Gadens acted for a successful third party has provided a stark warning to participants in family law proceedings to carefully consider the merits of their arguments versus desires to be heard when litigating interim matters, or run the risk of orders for indemnity costs being made against them. Background Pelton […]

Readmore

COVID-19 | Emergency Measures in Victoria – Electronic execution of deeds and mortgages, and remote witnessing

On 24 April 2020, the Victorian Government’s COVID-19 Omnibus (Emergency Measures) Act 2020 received Royal Assent. That Act made sweeping changes in various areas, on a temporary basis, to address many practical issues being faced due to the various restrictions in force to seek to minimise the spread of COVID-19. That Act permitted the Governor […]

Readmore