The Importance of Background Checks for Company Directors
A board of directors plays a critical role in shaping a company’s strategy, maintaining relationships with shareholders, and safeguarding the company’s reputation. Appointing a new director may bring welcome expertise as well as a fresh perspective regarding company...
Understanding the ‘right to disconnect’ under the Fair Work Act 2009 (Cth)
Ellie Bassingthwaighte Senior Legal Writer - Employment for LexisNexis ® Practical Guidance, is an experienced workplace lawyer who has worked at the Fair Work Commission, before practicing in employment law and industrial relations since 2014. In this article...
Using Lexis+ AI®︎ in local government leasing functions
By Kate Bartlett, Senior Legal Writer, LexisNexis ® Australia, Practical Guidance, Property Local government officers responsible for leasing functions are required to use their specialist leasing skills and experience to assess leasing proposals, compile their...
Throwing the book at repeat offenders: how courts have assessed civil penalties since the High Court’s decision in ABCC v Pattinson
When an individual or corporation breaches a civil penalty provision, the responsible regulator may seek to have the court impose a civil penalty, for the purposes of deterring that person (and others) from future contravening conduct. In recent years, the maximum...
Employer liability for Psychosocial hazards caused to an employee: Kozarov v Victoria [2022] HCA 12 (Kozarov)
In Kozarov v Victoria [2022] HCA 12 (Kozarov), the High Court decided an employer had a common law duty to take reasonable steps to manage mental health risks inherent to an employee’s job. This duty existed regardless of whether the employee showed warning signs...
Significant shift in NSW long service leave case law could be the trigger for broader national reform
Over the past five decades, regulatory reform has seen changes to most employment-related legislation enacted both at the federal and NSW levels. However, one regulatory regime that has operated relatively unchanged over this period is NSW’s long service leave...
Right-of-entry – different approach by the Fair Work Ombudsman
Following the formal abolition of the Australian Building and Construction Commission and the transfer of its functions to the Fair Work Ombudsman (albeit with a fraction of the budget), some employers are asking legitimate questions about the FWO’s approach to...
High Court rejects Mayfair and Mawhinney special leave applications
5 Key takeaways and implications for future financial services enforcement Introduction After a lengthy and hard-fought legal battle, the High Court has rejected the Mayfair 101 group of companies and their director James Mawhinney’s special leave applications...
Company directors’ responsibility for board sign-off of financial statements | Financial reporting
Signing-off on financial statements is one of the key responsibilities discharged by company directors under the Corporations Act 2001 (Cth). The Corporations Act requires disclosing entities, public companies, large proprietary companies registered managed investment...
ESG and its relevance for both companies and lawyers
How can you understand what ESG (Environment, Social and Governance) is, and how it is relevant to your organisation and to your legal team? What can you do to ensure that your ESG policies are legitimate and make a real impact? The changing regulatory landscape...
Mind the gap — ASIC turns its mind to whistleblower policies and entities must “walk” the policy “talk”
The Australian Securities and Investments Commission (ASIC) is calling on Australian CEOs, from public companies, large proprietary companies and corporate superannuation trustees to review their whistleblower policies and processes to ensure compliance with private...
Close your eyes at your peril: former directors penalised for breaches of the Credit Code and ASIC Act.
In Australian Securities and Investments Commission v Rent 2 Own Cars Australia Pty Ltd (No 2) [2022] FCA 491, the Federal Court penalised two directors of the now-deregistered Rent 2 Own Cars Australia Pty Ltd (‘ R2O’ ) a total of $228,000 for being knowingly...
A crisis management guide for in-house counsel
Preparing for a crisis? Natural disasters, power cuts, industrial accidents, stakeholder activism or cybercrime, or simply the loss of a partnership contract are only some of the events that could precipitate a crisis, resulting in damage to your organisation’s...
Understanding your contracts with workers
The contract is in the driving seat, but who is in control? Where are we going, and most importantly, how do we get there safely? Two recent High Court decisions, Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022...
The pen is not mightier than the sword…or Zoom
At last, permanent reform for companies on electronic signing and virtual meetings Michelle Sim – Senior Legal Writer, LexisNexis® Practical Guidance Banking & Finance Michelle Wibisono – Senior Legal Writer, LexisNexis Practical Guidance Corporations Kathryn...