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

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

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

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

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

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

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

Deficient Cybersecurity Risk Management – ASIC’s Test Case against RI Advice Group

On 5 May 2022, the Federal Court of Australia handed down judgment in ASIC’s first enforcement case in relation to inadequate management of cyber security risks. Justice Rofe (in the Victorian Registry) found that the general duties of Australian financial…

Amy Cooper-Boast and Elizabeth Carroll-Shaw

Councils Take Airport “Matter” into their Own Hands

In the recent decision Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5, the High Court considered the circumstances in which an outsider to a contract could seek and obtain declaratory relief as to the meaning and…

Andrew Tarnowskyj

A Sticky Situation – HCA Issues a Warning to Asset-Based Lenders in Stubbings v Jams 2 Pty Ltd & Ors

In the recent case of Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court confirmed that whilst asset-based lending is not in and of itself an unconscionable lending concept, specific systems or structures adopted by an asset-based…

Madeleine Harland


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