News & Analysis as of

Australia Duty of Care

A&O Shearman

Navigating governance during financial distress

A&O Shearman on

Financial distress for a company always places additional emphasis on governance—and on the duties of the directors of the company. The Australian legal system has a clear system of duties for directors—a period of financial...more

A&O Shearman

Business email compromise and invoice fraud – a duty of care on the innocent?

A&O Shearman on

The Western Australian District Court’s recent decision in Mobius Group Pty Ltd v Inoteq Pty Ltd1 highlights the potential consequence for the innocent party where fraudulent changes in bank details are sent from their...more

K&L Gates LLP

Climate-Related Financial Disclosures: What are They and What do They Mean?

K&L Gates LLP on

Overview - Background - The Australian Government recently released an exposure draft of the legislation to implement mandatory climate-related financial disclosures (Draft Legislation). This follows the release of draft...more

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

White & Case LLP on

In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Hahn Loeser & Parks LLP

“OK, Doomer”: Climate Change Litigation Led by Our Youth and Indigenous Peoples

In both Australia and the United States, indigenous peoples and the younger generation have been raising the torch in instituting legal battles to challenge the government and the private sector regarding climate change...more

Hogan Lovells

The Arrium Proceedings – when is a company insolvent and when is a representation not a representation?

Hogan Lovells on

The Supreme Court of New South Wales has recently handed down its decision in proceedings (“Arrium Proceedings”) brought by a number of lenders against former officers and employees of Arrium Limited and its subsidiaries...more

Jones Day

Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change

Jones Day on

The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more

K&L Gates LLP

A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

K&L Gates LLP on

In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect...more

Jones Day

Landmark Settlement of Lawsuit Against Australian Superannuation Fund Over Climate Change Risks

Jones Day on

A major superannuation fund has promised to enhance its management of climate change risks, disclose to members how those risks are addressed and align its investment portfolios to net-zero emissions by 2050. In mid-2018,...more

Jones Day

Class Action Suit Filed in Australia Opposes Coal Expansion Project on Behalf of Global Youth

Jones Day on

On September 8, 2020, the law firm Equity Generation Lawyers filed a class action on behalf of young people globally, seeking an injunction to restrain the Australian Government's Minister for the Environment, Sussan Ley,...more

K&L Gates LLP

NSW Building Industry Reforms

K&L Gates LLP on

The NSW Government has passed legislation to further regulate the design and construction of residential buildings. These measures respond to the loss of public confidence resulting from high profile design and building...more

Hogan Lovells

The good, the bad and the ugly

Hogan Lovells on

One year on from Australia's Royal Commission on Banking - The report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Report), was published one year ago....more

Jones Day

Federal Court of Australia Finds Liquidator's Breach of Duty Claim Against Directors of Holding Company Valid

Jones Day on

The Situation: The question in Termite Resources NL (in liq) v Meadows, in the matter of Termite Resources NL (in liq) (No 2) [2019] FCA 354 was whether, in circumstances where the strategic, managerial and major operational...more

K&L Gates LLP

We Didn't Start the Fire – VCAT Hands Down Decision on the Fire at Lacrosse Tower

K&L Gates LLP on

The Victorian Civil and Administrative Tribunal (VCAT) recently handed down its findings into which of the eight respondents were responsible for the damage caused by the fire at the Lacrosse apartment tower, 673-675 La Trobe...more

Seyfarth Shaw LLP

Damages in bullying claims – the stakes are rising even higher

Seyfarth Shaw LLP on

The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a...more

K&L Gates LLP

Franchising Update

K&L Gates LLP on

Franchising is set to undergo change following the Australian Federal election. The Senate Standing Committee on Education and Employment recently recommended further amendments to the Franchising Code of Conduct to allow...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide