Workplace Investigations – Is your house in order?

Workplaces have changed considerably over recent years. Compliance is increasingly complex, there are multiple avenues for complaints and the costs involved continue to rise. As a consequence, it is inevitable that complaints will be raised in the workplace, irrespective of the number of employees or the industry. Complaints regarding bullying, discrimination, harassment, unprofessional or unethical […]

Readmore

ASIC calls on companies to review and renew their whistleblower policy

After having first introduced a corporate whistleblowing regime in 2004 and subsequently expanding that regime in a piecemeal way, the Federal government introduced new whistleblowing laws with effect from 1 July 2019. In simple terms, under those laws an eligible whistleblower (which includes a current or former officer, employee or contractor, or their relative, dependant […]

Readmore

FMCG Express | September 2021 Edition

The first half of the year brought signs that the business malaise post-COVID-19 was beginning to lift, however, we are seeing ongoing disruption facing the FMCG sector. We are finally seeing some green shoots with the end of lockdown on the horizon. In this edition, the team explores the evolution of the digital consumer experience; […]

Readmore

Fair Work Commission gains powers to stop sexual harassment in the workplace

The Fair Work Commission (FWC) has been given power to make stop orders in relation to sexual harassment in the workplace in line with recommendations from the Respect@Work Report (for a summary of those recommendations, see here). The new powers apply in relation to applications made after 10 November 2021, after a request from the […]

Readmore

Electronic signatures are back for the time being

The Federal Government has now passed the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Amending Act) which amends the Corporations Act 2001 (Cth) (Corporations Act) to allow for technologically-assisted meetings and the long-awaited electronic execution of company documents. These changes became effective on 14 August 2021. As noted in our previous article, the […]

Readmore

Easing of continuous disclosure obligations made permanent by the Federal Government

On Tuesday 10 August 2021, the Australian Parliament enacted changes to company continuous disclosure laws under Schedule 2 of the Treasury Laws Amendment (2021 Measures No 1) Act 2021 (Amending Act). Schedule 2 to the Amending Act was originally given life by: Treasurer Frydenberg’s introduction of the Corporations (Coronavirus Economic Response) Determination (No. 2) 2020, […]

Readmore

EU Standard Contractual Clauses – out with the old and in with the new!

On 4 June 2021, the European Commission (EC) released the highly anticipated new Standard Contractual Clauses (SCCs) for cross-border transfers of data under the European Union’s (EU) General Data Protection Regulation (GDPR). The SCCs are a vital tool to enable the compliant international transfer of personal data from the EEA. The new SCCs take into […]

Readmore

FMCG Express | May 2021 Edition

2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]

Readmore

Timely reminder for companies to lodge their financial reports

Recent prosecutions and convictions obtained by the corporate regulator serve as a timely reminder for companies of the importance of lodging financial reports. The Australian Securities and Investments Commission (ASIC) recently prosecuted and obtained convictions against three companies for failing to lodge annual financial reports with ASIC within the specified period after the end of […]

Readmore

Payment Times Reporting Scheme: understanding new mandatory reporting obligations for big business

The Australian Government has recently introduced the Payment Times Reporting Scheme under the Payment Times Reporting Act 2020 (Cth) (Scheme). Under the Scheme, which came into effect on 1 January 2021, large businesses and certain government enterprises are required to report certain information relating to the payment terms and practices that apply to their engagement […]

Readmore

ASIC provides ‘no action’ relief for conducting virtual meetings and delayed AGMs

After the Federal Government’s proposed legislation to extend the temporary relief for corporations to conduct virtual meetings stalled in the Parliament, we speculated in our recent update as to whether ASIC would issue a ‘no action’ position, electing not to take regulatory action against companies conducting virtual meetings despite requirements to do so in the […]

Readmore

COVID-19 | No extension to temporary reforms to permit electronic signing of company documents

In a blow for advocates of efficiency (both technological and practical), the temporary reforms under Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 (Determination), which had permitted the conduct of virtual meetings, electronic execution of documents and split execution of documents under section 127 of the Corporations Act 2001 (Cth) (Act) expired on 21 March 2021. Unless, and until, a replacement relief […]

Readmore