Insights

The First Test Cases of Australia’s Whistleblower Protection Laws – Key Lessons

Two sets of proceedings, one concerning private sector whistleblowing and the other concerning public sector whistleblowing, mark the first time in which Australia’s whistleblower protection laws have come before the Courts for scrutiny. Whistleblowers play a significant role in promoting…

Amy Cooper-Boast and Fiona Luu 31/07/2023

Obligations and Liability of General Counsel Regarding Defective Disclosure: ASIC v GetSwift (Penalty Hearing)

The Federal Court in ASIC v GetSwift imposed penalties upon GetSwift’s non-executive director who acted as General Counsel in relation to the company’s repeated contraventions of continuous disclosure obligations. The director’s status as a solicitor was relevant to his knowledge…

Mark Giddings and Ashwini Ravindran 19/07/2023

The McMillan Review of the Modern Slavery Act 2018 (Cth): Raising the Bar for Reporting Entities

As we approach the end of the financial year, the task of preparing a fourth Modern Slavery Statement creeps onto the horizon for many large Australian companies. This year however, in light of the recent landmark review of the Modern…

Kristy Zander and Charlotte McGowan 21/06/2023

The PwC Fallout: The Case for Confidentiality Agreements & Codes of Conduct

The recent events involving Big Four accounting firm PwC have highlighted the need for organisations to revisit existing governance arrangements. Senate Estimates, together with extensive media reporting and statements from PwC’s Chief Executive Partner, have drawn attention to numerous apparent…

Claire Clutterham 14/06/2023

Security of Critical Infrastructure Update – Risk Management Programs Rules Switched On

Risk management program obligations have now been ‘switched on’ by the Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 23/006) 2023 (CIRMP Rules), which commenced on 17 February 2023. These obligations recognise the serious implications that disruptions…

Amy Cooper-Boast and Ashwini Ravindran 16/03/2023

High Court Decisions Provide Clarity in Unfair Preference Claims

In two highly anticipated decisions handed down on 8 February 2023 - Metal Manufactures Pty Ltd v Morton [2023] HCA 1 (Morton) and Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Bryant) - the High Court has resolved two…

Allie Umoff 15/03/2023

Whistleblower Protection Frameworks: Strategies for Developing Good Practice

On 2 March 2023, ASIC published a report setting out the findings of a 2022 review it conducted of whistleblower programs of seven prominent Australian businesses. ASIC’s report (‘REP 758 Good practices for handling whistleblower disclosures’) can be found here.…

Amy Cooper-Boast and Claire Clutterham 06/03/2023

Reporting Employee Theft or Fraud

Where an organisation uncovers evidence of fraud or theft by an employee, there are numerous factors that arise for consideration. Immediate consideration must be given to ending the fraud, preventing any reoccurrence, ascertaining the extent of the fraud and making…

Patrick Leader-Elliott 21/02/2023

Australia’s Critical Infrastructure in a Heightened Threat Environment: New Obligations in Play

As we have previously commented, the reform of the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) over the past year has been a complicated process for critical infrastructure owners, operators, suppliers and other stakeholders. The changes introduced at…

Amy Cooper-Boast, Elizabeth Carroll-Shaw and Ashwini Ravindran 26/09/2022

Modern Slavery Statements: Where to from here?

As the financial year end approaches, the deadline for filing this year’s Modern Slavery Statements (‘MSS’) will follow close on its heels. For reporting entities with a financial year end of 30 June 2022, their MSS are due by 31…

Kristy Zander, Allie Umoff and Charlotte McGowan 10/06/2022