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Mixed results in Medibank class action on privilege claims over investigation reports
A recent Federal Court decision has further highlighted the challenges of maintaining privilege claims over third-party investigation reports, particularly where those reports are—or become—relied on for non-legal purposes, including operational, regulatory, and public or investor relations. ...
Automotive sector outlook: what's driving recent trends
Whether it be consumer guarantees or vehicle emissions, the automotive sector continues to be highly regulated, and the target of scrutiny from regulators and private litigants alike. In this Insight, we reflect on some of the key issues facing the sector. ...
Another tranche of proposed financial advice changes lands
Treasury has released a consultation draft Bill to implement part of tranche 2 of the Government's response to the Quality of Advice Review (QAR). ...
Shareholder activism: reflections on the current and future landscape
Last year was another big year one for shareholder activists globally, with investor sentiment in 2024 taking its cues from the disruption experienced across the broader economic and geopolitical landscape. Closer to home, activity was more stable in Australia—as it typically is, owing to our smalle ...
High Court says no to travelling group costs orders
In the first of a string of upcoming decisions about the class action landscape, the High Court of Australia handed down judgment in Bogan v Smedley on 12 March 2025. 1 The Court held that a group ...
Class action risk 2025
The recent decline in class action filings might suggest a corresponding decrease in risk. However, class action risk is far from subsiding. The reality is that class action lawsuits remain a significant and ongoing risk for all businesses operating in Australia ...
APRA releases Discussion Paper on Governance, proposing more prescriptive requirements for banks, insurers and RSE licensees
In the discussion paper released yesterday, APRA says that 'well governed entities are more resilient in times of stress, more agile in times of change, and demonstrate more sophisticated risk judgement'. ...
Emerging business risks in 2025
We are in the midst of rapid technological advancements, shifting regulatory and political landscapes, evolving social expectations and visible impacts of climate change. ...
Regulatory scrutiny of private capital increases
Private capital is becoming a growing focus of regulators, both in Australia and internationally, given the ever-increasing flow of capital to the sector in recent years. ...
Growing ESG complexity in the year ahead: what companies can expect
As stakeholder expectations on Environment, Social and Governance (ESG) issues continue to evolve, we are seeing a movement build from voluntary standards to domestic regulation. Concurrently, the opposition to ESG-related action is adding to uncertainty and complexity. ...