The Director Identification Number (DIN) regime is here – Implications for directors

The Commonwealth Government has introduced the Director Identification Number (DIN) regime through reforms to Part 9.1A of the Corporations Act. From 1 November 2021, DINs became mandatory for all company directors. DINs are expected to assist regulators with their regulatory functions, such as combatting illegal phoenixing activities. DINs of course mean more admin for company […]

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Are you prepared? October breach reporting changes loom

In anticipation of the upcoming breach reporting obligations commencing on 1 October 2021, ASIC has released Regulatory Guide 78 (New RG 78) on Breach Reporting by Australian Financial Services (AFS) licensees and credit (AC) licensees. These new expanded reporting obligations seek to address ASIC’s long-standing concerns regarding the timeliness and quality of breach reporting across […]

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New wave of litigation expected to hit Australia’s eroding shoreline

Last week, the Federal Court of Australia embarked on what is predicted to be a landmark decision, in the matter of AGL v Greenpeace Australia Pacific (Greenpeace). The case involves allegations by AGL that Greenpeace infringed its trademark rights and copyright when it featured AGL’s logo in a recent ad campaign, designed to pressure the […]

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Guidance and government power

Regulatory guidance usually has little legal status, but sometimes legislation mandates it. However, a recent UK Supreme Court decision [1] on ethical investments demonstrates that, when laws and policies are confused and agencies stray outside their lanes, even legislatively supported guidance has limits. The Court ruled that local government pension schemes can divest from or boycott […]

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‘Black Summer’ Royal Commission could redefine Commonwealth, State and local government roles, responsibilities and powers around natural disasters

After close to four months of battling bushfires in New South Wales and Victoria and confronting devastating loss of life, property, livelihood and wildlife, as well as two months of speculation, a Royal Commission arising from the ‘Black Summer’ bushfires has been announced. The Royal Commission into National Natural Disaster Arrangements will, however, inquire more […]

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