Australia: Compliance

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Article
Stepping-Stone Claims: The Next Wave Of Director Liability In Australia
Australian directors face a new frontier of personal liability through "stepping-stone" claims, where shareholders use a company's regulatory breach as the foundation to pursue directors for failing to prevent corporate wrongdoing. This emerging litigation strategy, backed by well-funded private litigants, threatens to expose directors to penalties worth tens of millions of dollars, fundamentally reshaping the risk landscape for corporate governance in Australia.
Australia Commercial
PA
Piper Alderman
Article
More AI Slop In The Fair Work Juris­dic­tion: The Fight Back
Recent court decisions reveal the pitfalls of relying on artificial intelligence in employment litigation, as judges dismiss cases where applicants used AI to generate evidence and submissions without proper verification. These rulings highlight the dangers of treating AI chatbots as legal advisors and the consequences of failing to disclose or properly supervise AI-generated content in court proceedings.
Australia Litigation
S
Swaab
Article
The Duty Of Care And Diligence For Directors And Officers - Lessons From ASIC v Bekier
A Federal Court decision has found that two senior executives of The Star Entertainment Group breached their statutory duty of care and diligence by failing to properly escalate serious legal and regulatory risks related to junket operations and payment card misuse. The case establishes critical precedents for how executive directors, company secretaries, and in-house counsel must exercise oversight in high-risk industries, particularly when warning signs of potential criminal activity emerge.
Australia Commercial
BP
Bartier Perry
Article
Building (Approvals And Practitioners) Bill 2026 Insights – Part 3 Of 3: Duty Of Care
This comprehensive analysis examines the Building (Approvals and Practitioners) Bill 2026, focusing on its duty of care provisions that draw heavily from the Design and Building Practitioners Act 2020. The article explores key changes including the decoupling of construction work definitions, clarification of manufacturer and supplier obligations, and provisions for prefabricated buildings, while noting that many controversial aspects of the duty of care remain uncodified and subject to judicial interpretat
Australia Real Estate
HR
Holding Redlich
Article
Visa Holder Underpaid $93,000: What The Kinsfolk Case Means For Sponsoring Employers
The Fair Work Ombudsman has launched Federal Court proceedings against an IGA franchisee in regional NSW, alleging systematic underpayment of a Nepalese visa holder and falsification of records to conceal the violations. The case highlights how wage compliance failures can trigger both Fair Work penalties and immigration sponsorship breaches, with directors facing personal liability for their involvement in the alleged contraventions.
Australia Employment
RM
Roam Migration Law
Article
Road Transport Contractual Chain Order – Fuel Cost Recovery And Council Contract Risk
Australia's first Road Transport Contractual Chain Order (RTCCO) took effect on 21 April 2026, requiring participants in road transport contractual chains to adjust rates to recover increased fuel costs caused by unprecedented diesel price spikes. Local councils engaging contractors whose activities involve road transport—directly or through subcontracting—must now navigate complex compliance obligations under this legally enforceable instrument. Understanding which contracts fall within scope,
Australia Employment
BP
Bartier Perry
Article
Apply For QPBOC Queensland Pharmacy Business Ownership License By 2 November 2026
Queensland pharmacy business owners face a critical 2 November 2026 deadline to apply for QPBOC licensing under the new Pharmacy Business Ownership Act 2024. Many ownership structures involving discretionary trusts, companies, or non-practising pharmacists may be non-compliant, yet waiting to restructure before applying could prove costly. Understanding the material interest requirements, compliance pathways, and strategic advantages of early application is essential for protecting your pharmacy business.
Australia Commercial
BP
Bennett & Philp Lawyers
Article
Not Just Marketing. It’s Personal. OAIC’s Warning
The Australian privacy regulator has fundamentally reframed how tracking pixels must be assessed under privacy law, particularly in sensitive contexts like healthcare. Recent enforcement actions reveal that common digital marketing tools can constitute the collection and disclosure of sensitive personal information, requiring explicit consent and robust governance frameworks that many organisations currently lack.
Australia Privacy
BP
Bartier Perry
Article
Failure To Prevent Modern Slavery In Supply Chains: Australia's Next Corporate Criminal Offence
The Australian Government is set to introduce a groundbreaking criminal offence targeting companies that fail to prevent modern slavery in their supply chains, marking a world-first approach to corporate accountability. Companies with annual consolidated revenue over $100 million will face potential criminal liability unless they can demonstrate they took reasonable steps to mitigate modern slavery risks through adequate procedures and controls.
Australia Criminal
CC
Corrs Chambers Westgarth
Article
Prop­er­ty And Stock Agents Amend­ment (Under­quot­ing And Oth­er Agent Con­duct) Act 2026
New South Wales has introduced sweeping reforms to real estate agent conduct through the Property and Stock Agents Amendment Act 2026, dramatically increasing penalties for underquoting and exploitative practices. The legislation imposes new procedural requirements including mandatory Statements of Information, stricter price advertising rules, and penalties reaching up to $110,000 or three times commission earned.
Australia Real Estate
S
Swaab
Article
New ASIC Report Shows Voluntary Administration And DOCAs Remain Important Restructuring Tools
The Australian Securities and Investments Commission has released its first comprehensive review of voluntary administration and deed of company arrangement outcomes, analyzing over 5,000 companies from 2021 to 2025. The report reveals critical insights into when these restructuring processes are most effective, showing that larger companies with liabilities exceeding $10 million have significantly higher success rates, while smaller companies may benefit from alternative insolvency pathways.
Australia Insolvency
HR
Holding Redlich
Article
UPIs – What Information Is Needed To Search/create A UPI?
The Unique Product Identifier (UPI) serves as a critical code for OTC derivatives reported to trade repositories, now mandatory across EMIR, ASIC, and MAS regulations. Understanding how to search and generate UPIs through ANNA DSB requires specific product attributes and data points that vary by asset class. TRAction provides comprehensive UPI retrieval services, navigating the complex and evolving process of obtaining these essential identifiers for regulatory compliance.
Australia Finance
TRAction
Article
What Is A Compulsory Acquisition Of Shares?
If you hold at least 90% of the shares in a company, you can compulsorily acquire the remaining shares. A process known as compulsory acquisition. This framework allows you to access the benefits of full ownership, including streamlined decision-making, elimination of minority shareholder disputes, and complete control over corporate strategy. It also serves an important commercial purpose by facilitating corporate consolidation and removing the complexities of fragmented ownership structures. This article outlines the different ways compulsory acquisition of shares may occur and how each works.
Australia Commercial
L
LegalVision
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