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Practice Expertise
- Corporate
- Mergers and Acquisitions
Areas of Practice
- Corporate
- Mergers and Acquisitions
- Environmental Social and Governance ESG
- Finance
Profile
I have almost 20 years' experience as a corporate M&A adviser, and specialise in private M&A and corporate advisory matters across industries.
I am strategic and commercial in focus, and my work regularly involves leading and coordinating large transaction teams on multifaceted matters, as well as advising boards and senior executives on their duties and the management of risk.
I have particular expertise assisting clients to undertake transactions and manage strategic governance issues in highly regulated sectors, including banking, insurance, health and education.
I am a member of the Law Council of Australia's Corporations Committee and a Fellow of the Governance Institute of Australia.
Career highlights
- Advised L'Oreal on its $3.7bn acquisition of Aesop.
- Advised on a number of recent Part 9 life insurance portfolio transfers and Division 3A general insurance portfolio transfers, including for Zurich, AMP and IAG.
- Advising on market leading insurance M&A transactions, including the sales of Suncorp Life, OnePath and CommInsure.
- Advised on credit card and loan portfolio transfers for major Australian banks and credit providers.
- Advised HCF and other local and international clients on acquiring and disposing of aged care facilities, home care businesses and health technology businesses.
- Advised State and Territory governments on the landmark port privatisations in NSW ($6.82bn), Victoria ($9.7bn) and the Northern Territory ($506m), as well as on a number of restructures of government entities including Ausgrid, Landcom, Port Authority of NSW and Transport for NSW.
- Advised Commonwealth Bank and other local and foreign owned banks, insurers and superannuation trustees on the implementation of the
- Banking Executive Accountability Regime and Financial Accountability Regime.
- Advised existing banks and insurers, and new entrants to the Australian market, on APRA authorisation and associated governance and prudential issues.
Education
BA (Hons), LLB (Hons), LLM
Areas of Practice
- Corporate
- Mergers and Acquisitions
- Environmental Social and Governance ESG
- Finance
Professional Career
Articles
- AICD research confirms directors want the government to prioritise climate risk
Key takeaways from the latest Australian Institute of Company Directors (AICD) bi-annual Director Sentiment Index
- Governance News 7 September 2022
This week's issue features coverage of the CEW's Senior Executive Census 2022 which tracks progress towards gender parity in ership roles across the ASX 300. On the financial services front, we cover a number of significant developments including the findings of ASIC's review of IDII claims handling practices and APRA's consultation on proposed guidance for financial contingency and resolution planning. The issue also includes coverage of various ESG and risk-related developments and more…
- Can you regulate for accountability?
New study looks at the impact of the BEAR on individual accountability and risk culture in the banking sector (so far)...
- Governance News 17 December 2018
This week's issue includes (among other things) coverage of the ACCC's preliminary report on the Digital Platforms Inquiry; APRA's package of new measures to strengthen outcomes for superannuation members; the release of ASIC's IDR report (Report 603) and the regulator's plans to raise standards in financial services dispute resolution; and a short summary of the HCA's Prime Trust decision.
- Governance News 8 November 2023
This week's issue again has a strong ESG focus. We cover the release of a landmark new legal opinion authored by Sebastian Hartford Davis and Zoe Bush which finds that directors' duty under Australian law to exercise 'care and diligence' already requires that they take into account nature-related risks and that they could be held personally liable for breaching this duty if they fail to consider nature-related risks. We also include coverage of an expert panel discussion on the implications of the opinion for Australian directors. On the financial services front, we include a detailed overview of the government's proposed approach to the regulation of digital platforms and more….
- Governance News 25 January 2023
Our first issue of Governance News for 2023 has a strong ESG focus. On the disclosure front, the ISSB (which is tasked with developing global baseline sustainability/climate reporting standards) expects to issue the first two finalised standards, currently in development, in June 2023.
In Australia, ASIC continues to take action to address greenwashing concerns. Companies are also facing a renewed wave of shareholder ESG resolutions on a range of issues heading into 2023 – we cover some of the stand outs. On the financial services front we provide a status update on the Financial Accountability Regime as well as coverage of the government's four priorities for financial system reform and more…
- Bill introduced for permanent changes to meeting and execution requirements
A brief recap of temporary relief measures now in place and an overview of proposed permanent reforms that if legislated in their current form will permanently enable the use of technology in signing and executing documents and holding meetings
- New proxy reforms: Senate Committee flags concerns, calls on Treasurer to provide answers
The Senate Standing Committee for the Scrutiny of Delegated Legislation has raised concerns about new proxy reforms introduced by Treasury Laws Amendment (Greater Transparency of Proxy Advice) Regulations 2021.
- Governance News 12 July 2023
This week's issue has a strong ESG focus. Greenwashing is again in the spotlight - we cover the ACCC's submission to the parliamentary greenwashing inquiry. Following the release of the ISSB's first two global sustainability standards, Singapore is consulting on its proposed approach to implementation of mandatory ISSB-aligned requirements. Canada is set to do so in coming months. In the UK, consultation has opened on a voluntary Code of conduct for ESG ratings/data providers (ahead of the possible introduction of mandatory rules). On the financial services front, large US banks look set to face tougher capital standards and in Australia, the long-awaited CSLR Bill has received Assent and more….
- Where to start with nature-related risk? Key takeaways from an expert panel discussion
An expert panel discussed the implications for Australian directors of the landmark Hartford-Davis and Bush opinion on directors' role in managing nature-related risk. Here are our key takeaways.
- Governance News 3 February 2021
This issues includes coverage of key financial services and regulatory developments including the release of APRA's policy and supervisory priorities for the next 12-18 months. This issue also features a wrap up of the actions taken to date to implement each of the 76 recommendations made by the Hayne Commission.
- Targeting predatory lending: Two new product intervention orders now in force
Two new product intervention orders now in force impose conditions on the issuing of short term credit and continuing credit contracts to retail clients.
- Governance News 12 March 2020
This week's news features coverage of: 1) MinterEllison Partner Mark Standen's paper on the practical implications of extending the BEAR (the proposed FAR) into the superannuation sector; 2) the High Court's decision on the scope of the definition of 'officer' in s9 of the Corporations Act: Australian Securities and Investments Commission v King [2020] HCA 4; 3) the release of the final FFSP framework; and 4) the release of expert guidance for accountants and auditors on climate risk.
In addition, the issue includes coverage of the Governance Institute's research into attitudes towards annual director elections and recent developments in shareholder activism; financial services; disclosure and reporting; and risk management (among others).
- Governance News 16 February 2022
This week's issue includes features our run down on the key changes in the Corporations Amendment (Meetings and Documents) Bill 2021 which will permanently reform meeting/execution requirements under the Corporations Act 2001 (Cth). We also cover the Committee report into the four Bills to establish the proposed Financial Accountability Regime (FAR) and Compensation Scheme of Last Resort (CSLR), as well as other key financial services, regulatory and ESG-related developments and more…
- Governance News 21 June 2023
This week's issue has a strong ESG focus. In its latest move towards embedding sustainability into its broader regulatory approach, the ACCC has included sustainability among its four product safety priorities for 2023 2024. On the disclosure front, the US SEC climate disclosure rule is now expected in October 2023. Turning to financial services, FRAA is seeking feedback on proposed metrics for assessing regulatory effectiveness and capability going forward, the Assistant Treasurer has flagged unfair trading practices reform as a priority and more…
- Governance News 29 September 2021
This week's issue covers the release of several significant ESG-related developments including the release by SEC of a sample letter flagging gaps/other issues in climate disclosure, the release by the CMA of greenwashing guidance, as well as recent shareholder activist activity.
The issue also includes coverage of various financial services developments including APRA's revised policy priorities for Q4 2021 and the release of ASIC's guidance on anti-hawking reforms (RG38) and more… - Governance News 9 February 2022
This issue includes our key takeaways from an expert panel discussion (jointly hosted by the Governance Institute of Australia and Women on Boards) on recent developments in the Diversity and Inclusion space and separately coverage of a new report pinpointing where ASX 300 companies are 'lagging on modern slavery'. The issue also covers various key financial services, regulatory and ESG developments and more…
- ASIC Chair warns against 'Greenhushing'
ASIC Chair says ESG disclosure expectations will only increase, reiterates ASIC's continued focus on tackling greenwashing ahead of the expected introduction of new requirements
- New analysis of shareholder ESG resolutions in Australia released
A University of Melbourne study provides an overview of shareholder ESG resolutions in Australia over the 2002-2019 period, insights into how key stakeholders measure the value of these resolutions, and stakeholder views on the existing shareholder resolution framework. Our key takeaways are below.
- Governance News 22 May 2019
This week's issue: coverage of ASIC's consultation on proposed new Internal Dispute Resolution (IDR) standards and reporting requirements; an article highlighting the lessons from the Hayne Commission about how technology can be used to support compliance and improved customer experience.
- Consumer protection a key focus | ASIC's latest enforcement update highlights the impact of the regulators' scam takedown capability
Our key takeaways from ASIC's latest enforcement report - REP 780 ASIC enforcement and regulatory update: October to December 2023 – and summary of enforcement outcomes for H2 2023
- Governance News 23 July 2018
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. - Governance News 29 July 2020
COVID-19 Special Edition
This issue of Governance News covers key COVID-19 related developments including insights into the changes to JobKeeper; the key takeaways from the Economic and Fiscal Outlook; the release of APRA's updated capital management guidance and expert insights into how organisations can ensure that changed working conditions do not weaken their risk culture.
- Governance News 4 August 2021
This week's issue covers two reports examining different aspects of diversity and the progress to improve diversity on Australian boards as well as the FCA's consultation on proposed changes to the Listing Rules which, if implemented would introduce new (non-mandatory) diversity targets. The issue also covers a number of financial services developments including ASIC's follow up TPD report (REP 696) and several developments connected with the Hayne Commission including key takeaways from the parliamentary committee hearing into the implementation of Hayne recommendations in the financial advice and mortgage broking sectors and more…
- Financial Accountability Regime Status update: FAR Bill introduced
The long-awaited Bill to establish the Financial Accountability Regime (FAR) was introduced into the House of Representatives on 28 October 2021. Importantly, while the Bill is similar in most respects to the draft legislation released for consultation in July-August 2021, it is not identical. The proposed FAR is also not identical to the existing Banking Executive Accountability Regime (BEAR) which, if legislated, it will replace. We provide an overview and discussion of the key measures in Bill.
- Governance News 16 March 2022
This week's issue has a strong ESG focus. We cover a number of developments highlighting the increased levels of shareholder concern around DE&I and climate action, a report highlighting the rise in the use of 'stakeholder' incentives globally and briefly touch on the Full Federal Court's decision in Sharma v Minister for the Environment [2021] FCA 560. This issue also includes coverage of key financial services developments including the release of the final terms of reference for the planned Quality of Advice Review and our key takeaways from a panel discussion with the ASIC and APRA Chairs on the key challenges facing the banking sector and more…
- FAR: Your key insurance and indemnity questions answered
With the FAR coming into effect across banking, insurance and superannuation sectors, we cover details for accountable entities and persons gearing up for implementation.
- Governance News 30 January 2019
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. Among other things, this week's issue includes coverage of MinterEllison's AGM trends report which provides a snapshot of ESG and remuneration trends at Australia's largest companies over the past three years.
- New report finds that shareholder activism globally is (still) at record lows
Insightia has released its latest statistical analysis of global trends in shareholder activist activity for Q1 2021. Some key takeaways from the report are below.
- FRAA launches first review of APRA's 'effectiveness and capability'
We outline the scope and focus of the FRAA's first 'targeted assessment' of APRA
- Governance News 20 October 2021
This issue has a strong risk focus. It includes several significant developments relating to climate-risk disclosure and insights from the RBA and ASIC on their work programs in this area. The issue also includes coverage of the long-awaited Bill proposing to introduce permanent changes to meeting and execution requirements, the release of APRA's remuneration guidance CPG 511 and more…
- ASIC's temporary no-action position on virtual meetings
ASIC has released details of its temporary (and conditional) no-action position on electronic meetings
- Governance News 10 April 2024
This week's issue has a strong ESG focus. We cover the release of the long-awaited Bill to establish a framework for Australia's (proposed) mandatory sustainability reporting regime, we provide our key takeaways from several sessions from the AICD 2024 Governance Summit, we cover two significant greenwashing enforcement actions and a significant decision from the European Court of Human Rights Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (sometimes referred to as the Swiss Grandmothers Case) and more…
- Government and the private sector share an urgent ethical imperative to act on climate
Our key takeaways from the Governance Institute of Australia's 2022 Ethics Index.
- ACSI finds modern slavery reporting by ASX 200 companies lacks detail
A brief snapshot of the Australian Council of Superannuation Investors (ACSI's) latest report into MSA reporting and its recommendations to the recently completed MSA Review.
- Governance News 8 February 2023
This week's issue has a strong ESG focus. Among other developments, we cover the release of a new legal opinion, building on the 'Hutley opinions', on the implications of the introduction of ISSB-aligned sustainability standards in Australia on director liability. On the financial services front we cover the release of APRA's latest policy and supervisory priorities for the year ahead and more…
- Governance News 8 December 2021
This issue includes coverage of key financial services developments including the release of the first independent review of the Banking Code since the Hayne Commission. The issue also covers several key ESG developments including a report from the Australian Chapter of the Climate Governance Initiative, produced by the Australian Institute of Company Directors, on director attitudes to climate risk governance and the barriers and drivers of action on the issue and more…
- ASIC enforcement priorities: ASIC 'warns' firms on greenwashing, predatory lending and misleading insurance pricing promises
In releasing its latest enforcement and regulatory report (REP 757) ASIC has again underlined its focus on certain forms of misconduct including greenwashing. Our key takeaways are below.
- Economic and Fiscal Outlook Highlights: 2020-21
The Federal Government's Economic and Fiscal Update (Update) 2020-21, announced yesterday, presents a concise image of the challenges the Australian economy will face as it emerges from the COVID-19 pandemic in the short to medium term. We summarise what the latest Update means for businesses.
- Consumer protection is key: Assistant Treasurer outlines the government's position on SACCs, BNPL regulation and Responsible Lending
Our key takeaways from Assistant Treasurer Stephen Jones' address to the Responsible Lending and Borrowing Summit
- Governance News 10 April 2018
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. This week's issue includes (among other things): coverage of ASIC's latest enforcement report and priorities, coverage of the (Australian) FRC report recommendations for reform of disciplinary and enforcement processes in the audit sector and an overview of the Actuaries Institute's Discussion Paper outlining a proposed approach for better monitoring and overseeing non-financial risk. - ASIC clarifies its stance on EUs
ASIC has released updated guidance on its approach to enforcement and its use of court enforceable undertakings (EUs)
- FAR preparation for the insurance and super sectors
The Financial Accountability Regime (FAR) Bill and its associated rules have been passed, setting new accountability standards for the banking, insurance, and superannuation sectors starting from March 2024, with regulators releasing detailed guidelines and transitional rules.
- Reframing financial services regulation | ALRC Final Report released
The Australian Law Commission has completed its three stage review of the legislative framework for corporations and financial services regulation. Here's our overview of the Final Report.
- Governance News 19 June 2019
This week's issue features, among other things ACSI's announcement that the 30% female board representation target for ASX200 has been met, ASIC's focus areas for 30 June 2019 financial reporting and coverage of the key themes to emerge from MinterEllison's recent roundtable discussion on privacy, data protection and trust in financial services.
- Governance News 23 February 2022
This week's issue has a strong risk focus and covers various developments evidencing the increased stakeholder focus on HCM risk and climate risk in particular, as well as APRA's recent call for boards and senior management to step up their focus on compliance risk management. In addition, we cover a new Bill - Treasury Laws Amendment (Modernising Business Communications) Bill 2022- proposing to enable the use of technology in business communications and more….
- Governance News 16 October 2019
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. - Governance News 8 April
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 developments including: a) the latest government's stimulus package; b) insights into the current issues for workplaces in planning for and responding to the COVID-19 pandemic; c) responsible lending changes aimed at facilitating access to credit for SMEs; and d) the AICD's six reform proposals to support companies and directors through the pandemic. In addition, this issue features coverage of NSW ICAC's guidance to agencies on minimising the risk of corrupt conduct during the pandemic as well as developments in the financial services sector, including APRA's guidance to banks and insurers on dividends and executive bonuses.
- Governance News 25 November 2020
In this issue we cover key financial services and regulatory developments including: the recent COVID-19 BI test case and the ICA's response, consumer groups' response to proposed responsible lending changes, ASIC's consultation a draft protocol to address the issue of 'rolling bad apples' and the release of the Retirement Income Review. We also cover key ESG and risk related developments including the release of AFSI's sustainability roadmap and the release of the Governance Institute's latest ethics index and more…
- Governance News 30 August 2023
Risk management including management of climate risk, cyber risk and broader operational risks is the theme of this issue. We cover the release of APRA and ASIC's latest corporate plans and APRA's expectations around how organisations should approach implementation of CPS 230 and more…
- APRA concludes that the financial sector is still in the early stages of embedding climate risk
The Australian Prudential Regulation Authority (APRA) has published the findings of the voluntary climate-risk self-assessment survey undertaken by 64 APRA-regulated entities. We summarise the key points.
- 'Helpful guidance and reinforcement' of APRA's existing priorities: FRAA capability review of APRA released
The Financial Regulation Assessment Authority (FRAA) latest capability review focused on the effectiveness and capability of APRA's supervision and resolution work in superannuation. Here's what you need to know.
- ACCC Chair outlines the regulator's key priorities for the financial services sector
Key points from ACCC Chair Gina Cass-Gottlieb's keynote address to the AFR Banking Summit 2022
- Governance News 8 June 2022
This week's issue has a strong ESG focus and includes coverage of several significant votes on shareholder proposals as well as a report offering early insights into emerging trends in US AGM results so far this proxy season. On the financial services front, the issue includes coverage of ASIC's areas of focus for 30 June 2022 financial reporting, the release of the updated E-payments Code and MinterEllison's submission to Treasury Consultation Paper on Crypto asset secondary service providers. The issue also includes a brief summary of planned UK audit and corporate governance reforms and more….
- Governance News 27 September 2023
This week's issue has a strong ESG focus. Following the release of the TNFD framework last week, global investor initiative Nature Action 100 has named the 100 companies investor members will engage with in a bid to catalyse action on nature loss; separately an investment adviser has agreed to pay $19 million to settle SEC greenwashing charges; and HESTA has flagged its expectations for ASX 300 companies ahead of the AGM season. On the financial services front, ASIC has urged licensees to improve their approach to customer remediation in line with the guidance in RG 277 and more….
- Governance News 7 August 2019
This week's issue features coverage of ACSI's recent report into the quality of ESG reporting in the ASX200 and a joint statement issued by the Governance Institute of Australia and the Australian Institute of Company Directors on minute taking.
- Modern Slavery | Update on recent moves to strengthen Australia's modern slavery regime
We outline recent steps towards strengthening Australia's modern slavery regime.
- Governance News 24 March 2021
This issue features coverage of key ESG developments including recent activist campaigns and the release of the Climate 100+ benchmark. The issue also includes a status update on virtual meetings and electronic execution requirements following the expiry of temporary COVID-19 measures, as well as key financial services, risk and governance developments and more.
- Governance News 20 March 2024
This week has a strong ESG focus. A new report confirms nature and AI are firming up as emerging areas of focus in shareholder proposals filed so far this year and the latest in a string of landmark legal opinions concludes that directors have an existing duty under UK law to consider nature risk. On the financial services front, we provide break down the regulator's latest FAR information pack, we cover the Federal Court's decision in Australian Securities and Investments Commission v R M Capital Pty Ltd [2024] FCA 151 - the first case to consider the proper construction of the obligation under 963F of the Corporations Act 2001 (Cth) for AFS licensees to 'take reasonable steps to ensure that representatives of the licensee do not accept conflicted remuneration' and more…
- Governance News 10 February 2021
In this issue we cover key financial services and regulatory developments including our key takeaways from a new study from Macquarie University looking at the impact of the BEAR on individual accountability and risk culture in the banking sector. In addition, this issue includes coverage of recent ESG developments and more…
- Governance News 8 May 2019
This week's issue features (among other developments) coverage of ACSI's policy response to the financial services royal commission (including proposed stewardship, ESG. culture and diversity reforms), Federal Labor's plan to re-establish CAMAC (if elected to government) and insights into the implications of APRA's new information security for boards.
- Global report finds that shareholder activist activity globally is showing signs of bouncing back from the pandemic
Key takeaways from Insightia's latest statistical analysis of the level and focus of shareholder activist activity globally over the Q1 2022 period.
- Governance News 27 July 2022
This week's issue features an article reflecting on the implications for AFS licensees of ASIC's action against Lanterne Funds Services Pty Ltd. We also cover various significant financial services and regulatory developments including the release of details of the independent review of the RBA. On the ESG front we cover ACSI's latest report on the quality and extent of ESG reporting by ASX 200 companies as well as the introduction of the government's long-anticipated Climate Change Bill 2022 and Climate Change Climate Change (Consequential Amendments) Bill 2022 and more…
- Government response to the Quality of Advice Review
The government has released its long-awaited response to the Quality of Advice Review. Here's what you need to know.
- APRA's new operational risk standard finalised
The Australian Prudential Regulation Authority (APRA) has released its long-awaited new cross industry prudential standard - CPS 230 Operational Risk Management (CPS 230) – to 'strengthen the management of operational risk across APRA’s regulated population'. APRA has also opened consultation on draft guidance to support implementation. Here's what you need to know.
- Nature related risk | Landmark legal opinion cautions directors may be liable for nature-related risk under existing Australian law
New legal opinion outlines why 'directors who fail to consider nature-related risks could be found liable for breaching their duty of care and diligence'.
- Governance News 25 August 2021
This week's issue covers several significant ESG related developments including the release of two separate reports tracking trends in climate/sustainability disclosure by Australian listed companies, the IGCC's latest report tracking institutional investors' attitudes/approaches to a range of climate-risk related issues and US Treasury's guidance to multilateral development banks on carbon intensive projects. This issue also covers several key financial services developments and more…
- Governance News 26 April 2023
This week's issue again has a strong ESG focus. We cover the government's announcement of new measures to support increased investment in the energy transition (including plans to introduce Sovereign Green Bond program in mid-2024) as well as the introduction of the The Nature Repair Market Bill 2023 (Cth) which if legislated, would facilitate the establishment of a voluntary nature repair market – ie a voluntary market in tradeable certificates for nature protection, repair and restoration. On the financial services front we cover ASIC Report 761 Scam Prevention Detection and response by four major banks, the release of the ACCC's Retail Deposits Inquiry issues paper and more…
- Governance News 12 November 2018
This week's issue includes coverage of some of the submissions released by the Financial Services Royal Commission in response to the Interim report, and in response to Round 5 (superannuation) hearings. Also coverage of APRA's first information security prudential standard for APRA regulated entities and the release of the first ever industry specific sustainability standards (the SASB's 77 industry specific sustainability standards).
- Governance News 20 March 2019
This week's issue includes (among other things) a summary ISS' trends report on the 2018 AGM season and a write up from Sarah Barker on new developments impacting climate change risk as well as coverage of developments in relation to implementation of the Hayne Commisson's recommendations.
- Governance News 14 November 2019
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. This week's issue includes coverage of APRA Chair Wayne Byres' update on proposed remuneration changes and expert insights into the practical implications of Australia's first shareholder class action decision (Myer decision).
- Governance News 2 August 2023
This week’s issue has a strong ESG focus. We cover the release of a new guide for directors outlining what they need to know about biodiversity risk and offering insight into how they can engage with management and the team’s latest update on navigating greenwashing risk. On the financial services front we cover the release of APRA’s updated cross-industry remuneration disclosure requirements (in CPS 511) and more….
- Governance News 24 June 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 related developments including: a) coverage of the Governance Institute's report into the impacts of the pandemic; b) calls from industry for temporary changes to enable the use of technology during the pandemic to be made permanent, and c) the continuing investor focus on ESG issues, and in particular climate risk.
This issue also includes: coverage of a number of recent financial and regulatory developments including the ASIC's guidance on how will exercise the product intervention power.
- Bill to further modernise business communication requirements introduced
A brief overview of the proposed changes to business communication requirements in Treasury Laws Amendment (Modernising Business Communications) Bill 2022 (Bill).
- Governance News 15 July 2020
This issue of Governance News, includes coverage of a) the global decrease in levels of activist activity over the first six months of 2020; b) various disclosure and reporting related developments; c) financial services and regulatory developments including ASIC's consultation on deploying its product intervention power to target certain payday loans; and d) UK audit developments.
- Tightening BNPL regulation | Government consults on draft legislation proposing to regulate BNPL as credit
A draft Bill and accompanying draft Regulations proposing to bring buy now, pay later (BNPL) products and other low cost credit contracts (LCCCs) within the scope of the Credit Act and Credit Code have been released for consultation.
- Governance News 17 August 2022
This week's news has a strong risk focus. It features coverage of the Governance Institute of Australia's report into the way in which boards are grappling (or not) with digital transformation and the key areas where (some) risk falling behind. The issue also includes discussion of the likely implications of APRA's proposed new operational risk standard CPS 230 for service providers. The issue also includes coverage of various significant ESG, regulatory and financial services related developments and more…
- Governance News 12 February 2020
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. This week's issue has a climate risk focus and includes a number of posts on this topic including coverage of the Governance Institutes' guide to climate reporting; the release of MinterEllison's report into key climate risk issues for the coming year; and coverage of APRA's latest policy and supervision priorities (which identifies climate risk among key priorities for the regulator). - Greenwashing | ASIC issues new greenwashing fine, reminds industry that tackling the issue remains a top enforcement priority
ASIC again demonstrates its readiness to take action to address greenwashing concerns
- Governance News 14 August 2019
This week's issue features (among other things): a summary of the landmark responsible lending decision: Australian Securities and Investments Commission v Westpac Banking Corporation (No 2) [2018] FCA 751; coverage of APRA's appearance before the House of Representatives Parliamentary Committee, expert insights into the implications of the ACCC's Digital Platforms report, and ASIC's updated guidance on climate disclosure.
- Governance News 2 April 2020
In this special COVID-19 edition of Governance News, we feature coverage of: a) new blanket restrictions on foreign investment; b) developments in relation to remuneration (payment of short term bonuses), dividends and buy-backs; c) AGM guidance and considerations for companies; and e) coverage of actions being taken by business, government and by regulators in response to the COVID-19 threat/disruption.
In addition, this issue includes a case note on the Full Federal Court decision in in Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52.
- Governance News 13 July 2022
This week's issue covers several significant financial services developments including APRA's consultation on proposed new remuneration disclosure and reporting requirements for insurers, superannuation funds and banks, the ACCC's first enforcement action for (alleged) non-compliance with CDR Rules and confirmation from the Assistant Treasurer on the government's position on responsible lending, BNPL regulation and regulation of payday lending/consumer leases. This issue also includes coverage of key ESG, risk and regulatory developments and more…
- Quality of Advice Review | Consultation opens on draft Bill to implement the 'first tranche' of planned reforms
The draft Bill proposes to implement the government's response to 11 QAR recommendations with the aim of 'cut[ting] onerous red tape that adds to the cost of advice with no benefit to consumers'. We've summarised the key points.
- Governance News 24 August 2022
This week's issue features coverage of ASIC's latest corporate plan which outlines the regulator's priorities over the next four years, as well as a number of shorter-term cross industry and sector-specific projects. We also cover a number of significant financial services, regulatory and ESG-related developments and more…
- Governance News 18 August 2021
This week's issue features coverage of several developments connected with implementation of the Hayne Commission recommendations including ASIC's proposed approach to enforcement of upcoming reforms and themes to emerge from submissions to the separate consultations on the proposed Financial Accountability Regime (FAR) and Compensation Scheme of Last Resort (CSLR). We also cover a range of key ESG, risk and governance developments and more….
- Global report finds shareholder activist activity is yet to bounce back to pre-pandemic levels
Insightia has released its latest statistical analysis of global trends in shareholder activist activity for H1 2022. Our key takeaways are below.
- Governance News 6 August 2018
This week's news includes coverage of the final PC report into competition in the financial services sector; ASIC's approval of the revised ABA Code of Banking Conduct; and an overview of the debate concerning standards of corporate governance sparked by AMP Chair David Murray's recent comments.
- Governance News 6 July 2022
This week's issues covers several significant ESG developments including the US Supreme Court's decision finding the EPA lacks authority to set emissions standards for existing power companies as well as the results of a number of votes on shareholder climate proposals targeting Japanese companies. On the disclosure front, the issue covers ACSI's report into ESG disclosure by ASX 200 companies and our key takeaways from KPMG's in depth analysis of the extent to which ASX listed companies have adopted the changes introduced by the Fourth Edition of the ASX Corporate Governance Principles and Recommendations. The issue also includes coverage of key financial, risk and regulatory developments and more...
- Governance News 7 December 2022
In this week's issue we cover various significant ESG developments including ASIC's second ever greenwashing enforcement action and the full Federal Court's decision in Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 upholding a landmark ruling invalidating a gas company's environmental approval to drill for gas in Tiwi Sea Country. On the financial services front, we cover the passage of the Financial Services Reform Bill 2022 (which implements SACC and other consumer credit reforms) and more…
- ASIC issues new greenwashing guidance, urges issuers (and others) to review their current practices
ASIC INFO 271 aims to help issuers avoid greenwashing by both outlining existing regulatory prohibitions against it and clarifying the regulator's expectations around how issuers market their 'green' products. We summarise the key points.
- Governance News 6 December 2023
This week's issue again has a strong ESG focus. New legislation proposing to establish Australia's first Modern Slavery Commissioner was introduced, legislation to establish a framework for a voluntary national biodiversity market in Australia has passed the Senate (with Greens amendments) and NSW has become the latest Australian State/Territory to legislate climate targets. On the financial services front, the government has introduced legislation to enact long-awaited FFSP licensing reform. On the risk front, the government is pushing forward with the planned introduction of mandatory industry-specific anti-scam Codes with the launch of a new consultation on a proposed framework for the new regime and more….
- Governance News 22 July 2020
COVID-19 Special Edition
This issue of Governance News, includes coverage of: a) key COVID-19 related developments; b) other financial services and regulatory developments including coverage of ASIC's recent appearance before the parliamentary joint committee; c) disclosure and reporting related developments including coverage of joint AICD, CAAZ and CPA guidance on approaching COVID-19 reporting; and d) coverage of ESG related developments including the release of BlackRock's latest stewardship report.
- BNPL reform: Tighter regulation of the BNPL sector on the way?
Treasury is consulting on three potential options for the future regulation of the buy now pay later (BNPL) sector. We summarise the key points
- Cost of living, Privacy and AI top the list of ethical challenges facing Australia
Our key takeaways from the Governance Institute of Australia's 2023 Ethics Index
- Governance News 3 March 2021
This week's issue includes coverage of a range of diversity and ESG-related developments including the findings of the Hampton-Alexander Review's fifth and final report; coverage of a paper discussing the likely effectiveness of the introduction of a right for workers to appoint board representatives in the US context, and coverage of the continuing and accelerating push from activists and institutional investors for companies to identify, manage and disclose how they are dealing with material climate-related risk. This issue also includes coverage of key financial services developments including the release of the BNPL Code of Conduct as well and more….
- APRA calls on boards to prioritise compliance risk management
Our key takeaways from APRA's recent article: 'How to manage compliance risk and stay out of the headlines'
- Governance News 11 August 2021
This week's issue features coverage of several developments connected with implementation of the Hayne Commission recommendations. We also include an expert breakdown of the key findings in the latest IPCC report. This issue also includes a summary of the key amendments made to the long-awaited TLA 1 Bill and more…
- Why investors need more information about how companies are dealing with workplace sexual harassment: Insights from the ACCR
Key takeaways from the ACCR report: Sexual Harassment as Material Risk
- FAR for Insurers and superannuation: Rules and Guidance issued
On 11 July 2024, ASIC and APRA published new information for Insurers and Superannuation Entities to help them prepare for the commencement of the Financial Accountability Regime in March 2025.
- Governance News 13 March 2019
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. Among other things, in recognition of International Women's Day (8 March), this week's issue includes a number of posts relating to gender equality/gender diversity.
- Governance News 14 October 2020
COVID-19 Special Edition This issue of Governance News covers: a) key COVID-19 related developments; b) coverage of key measures announced in the Federal Budget; c) coverage of developments and trends in shareholder activity; d) recent AGM results; e) financial services. regulatory and risk and ESG related developments and more. - Banks and 'corporate Australia' on notice: ASIC calls on banks (and encourages other organisations) to improve their approach to scams
Report overview | ASIC Report 761 Scam Prevention, Detection and response by four major banks
- Governance News 26 October 2022
This week's issue includes coverage of several significant financial services developments including the release of the Senate report into the package of legislation that (if passed) will establish the FAR and CSLR. On the risk management front, we cover various cyber-security related developments including the release of new cyber security governance principles from the AICD and the CSCRC. On the ESG front, we cover a number of greenwashing and disclosure related developments including a speech from ASIC Deputy Chair Karen Chester in which she cautioned that the regulator is 'moving into compliance and indeed enforcement mode' on greenwashing and more…
- Governance News 31 July 2019
This week's issue features coverage of the consultation on draft legislation to implement FSRC Recommendation 4.7 (the extension of UCT provisions to insurance contracts); the release of the ACCC's digital platform inquiry final report and BHP's commitment to act on scope three emissions.
- Governance News 9 August 2023
ESG is again a strong focus this week with the IAASB launching its consultation on a draft global sustainability assurance standard, the UK flagging plans to release an ISSB-aligned standards by July 2024 and in Australia, work on developing a sustainable finance taxonomy gathering pace with the establishment of a Taxonomy Technical Expert Group to support ASFI in its work on the initial phase of the taxonomy project. On the financial services front, the terms of reference for the Review Managed Investment Schemes review and separately the Inquiry into the 2022 floods were released, ASIC released its latest enforcement update for H1 2023 and more…
- Governance News 24 January 2024
Our first issue for 2024 has a strong ESG focus. The Australian government has taken the next step towards legislating a new mandatory, ISSB-aligned climate-disclosure regime with the release of draft Bill for consultation. On the financial services front, the Australian Law Reform Commission completed its three stage review of financial services regulation, with the final report setting out 58 recommendations for a proposed new financial services regime and more….
- Governance News 17 March 2021
This issue includes an update on the status of Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 which proposes to temporarily extend and expand on the measures in Corporations (Coronavirus Economic Response Determination (No. 3) 2020 and to make permanent the temporary changes to continuous disclosure laws introduced in May 2020. The issue also provides an update on the status of the government's controversial responsible lending Bill as well as other key financial services, ESG, and risk-related developments.
- Governance News 9 September 2020
COVID-19 Special Edition
This issue of Governance News covers: a) key COVID-19 related developments including discussion of impacts of the temporary six month suspension of insolvency laws; b) an overview of the 32 'quick wins' identified in the Senate Select Committee on Financial Technology and Regulatory Technology's interim report; c) ESG, sustainability and climate related developments; and d) various financial services, risk and regulatory developments.
This issue also features an article, prepared by the MinterEllison team, answering some of the most commonly asked questions about holding virtual or hybrid meetings and the release of joint guidance issued by the Governance Institute and the Australasian Investor Relations Association on preparing for, and holding virtual meetings.
- Status update meeting and execution requirements: TLA 1 Bill now law
We summarise the key reforms introduced by the Treasury Laws Amendment (2021 Measures No. 1) Act 2021
- ASIC reiterates calls for insurers to prioritise 'the basics'
Key takeaways from ASIC Deputy Chair Karen Chester's 12 October 2023 address to the Insurance Council of Australia Conference.
- Governance News 21 October 2020
COVID-19 Special Edition This issue of Governance News covers: a) key COVID-19 related developments; b) recent AGM results; c) coverage of the release of draft legislation proposing to make temporary changes enabling virtual meetings and electronic execution of documents permanent; d) disclosure and reporting related developments including the growing focus on 'non-financial reporting'; e) financial services, regulatory and risk and ESG related developments and more...
- Governance News 18 December 2019
This week's issue features (among other things): coverage of ASIC's proceedings against TAL and (separately) against NAB, and APRA's investigation into Westpac; a wrap up of recent AGM results; and the results of ASIC's latest audit inspection report.
- Governance News 24 November 2021
This issue includes coverage of several significant financial services and regulatory developments including the release of updated ASIC guidance on its approach to enforcement and use of EUs. The issue also includes coverage of APRA's call for boards to be more proactive in their oversight of cyber issues. Progress updates on the government's plans to 'modernise' meeting and execution requirements and business communications more broadly is also included and more…
- Governance News 15 October 2018
This week's issue includes (among other things) coverage of APRA Chair Wayne Byres' recent address to the FINSIA summit, coverage of recent developments in the UK audit sector and the announcement of an industry wide review of compliance with financial disclosure and renewal notice requirements by ASIC (as part of its FFNS investigations).
- Another step closer towards implementing mandatory climate disclosure in Australia
The AASB has released draft climate reporting standards for consultation. Here are the key takeaways.
- New report finds highlights E&S and Diversity as key areas for improvement
KPMG has released its analysis of the extent to which ASX listed companies have adopted the Fourth Edition of the ASX Corporate Governance Principles and Recommendations. Below are our key takeaways from KPMG's reports into the extent to which companies were found to have adopted recommendation 1.5 (Diversity) and recommendation 7.4 (E&S risks).
- Governance News 26 November 2018
This week's issue includes (among other things) coverage of issues to emerge over the course of the first week of the final round of the Financial Services Royal Commission (policy) hearings and separately, an overview of a Macquarie University study that calls into question whether the payment of variable remuneration fosters either higher productivity or stronger compliance outcomes.
- UK Institute of Directors calls for a director Code of Conduct following corporate scandals
The UK Institute of Directors (IoD) has called on the UK government to commission the development of a voluntary Code of Conduct or Code of Ethics for directors to lift standards of director behaviour in the wake of recent corporate scandals and rebuild public trust in business. We summarise the key points of the proposal.
- National survey flags cyber as the chief concern keeping directors up at night
Key takeaways from the latest Australian Institute of Company Directors (AICD) bi-annual Director Sentiment Index
- Governance News 27 November 2019
Governance News provides a weekly wrap up of key governance, risk and regulatory developments in Australia and overseas with a strong financial services focus. This week's issue features coverage of the AUSTRAC AML/CTF allegations against Westpac and the Federal Court's decision in the first case to directly on a Financial Services Royal Commission case study: Australian Securities and Investments Commission v Dover Financial Advisers Pty Ltd [2019] FCA 1932. - Firms should be preparing now for ISSB-aligned reporting requirements says ASIC Chair
ASIC Chair underlines that preparation for the introduction of ISSB-aligned disclosure standards goes well-beyond the TCFD-framework
- Governance News 2 December 2020
This risk focused issue of the news includes coverage of: a) calls from APRA for business prioritise compliance with CPS 234; b) the increased focus on the role of internal audit and assurance in lifting standards including calls from ASIC for internal audit to act as 'change agents' and separately, the release of the Institute of Internal Auditor's best practice guide; and c) the release of the Governance Institute's report into trends in the evolution of role of risk professionals. In addition, this issue includes coverage of key financial services developments including the release of draft legislation to enact the government's Your Future Your Super reform package and other regulatory and ESG developments.
- Governance News 22 November 2023
This week in separate speeches at the ASIC Annual Forum, ASIC's Chair and Deputy Chair underlined ASIC's record on enforcement, pointing to the regulators' record post-Hayne in support. ASIC also unveiled its enforcement priorities for the next 12 months. These include in addition to a number of new priorities, a continued focus on DDO compliance (albeit with a new focus on the distribution of financial products ('reasonable steps')) as well as sustainable finance and greenwashing. On the ESG front, Australia is inching closer to the introduction of mandatory climate disclosure requirements, negotiations for a global plastics treaty are continuing and more…
- Governance News 11 May 2022
This week's Governance News has a strong ESG focus and includes a wrap up of several recent Say on Climate votes as well as significant votes on a number of shareholder ESG resolutions. On the risk management front, this issue also includes coverage of the landmark RI decision (Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496) and more…
- Governance News 3 July 2019
This week's issue features: coverage of APRA's proposed approach to implementing executive product responsibility under the BEAR, ASIC's consultation on administering its new product intervention powers and ASIC's plans to hold public hearings (for the first time) as part of its consultation process on planned changes to guidance on responsible lending.
- Governance News 19 November 2018
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. This week's issue includes (among other things) an update on the progress of the government's superannuation reforms following the Assistant Treasurer's commitment to progressing five Bills, an overview of the latest WGEA findings on progress towards gender equality in Australia and separately, the findings of the third UK Hampton Alexander Review progress update and the details of APRA's enforcement review and policy priorities for 2019. - Governance News 18 November 2020
In this issue we cover key financial services and regulatory developments including: the introduction of legislation to implement a raft of Hayne reform measures; the second round of consultation on APRA's cross-industry remuneration standard (CPS 511 Remuneration); the release of ASIC's report into the buy now pay later sector, and the PJC's final report into the regulation of auditing. We also cover key ESG and risk related developments and more….
- Consumer protection is again the key theme in ASIC's latest corporate plan
The Australian Securities and Investments Commission (ASIC) released its 2023-2027 Corporate Plan. Our key takeaways are below.
- Governance News 13 March 2024
This week's issue has a strong financial services focus. We cover the release of the long-awaited draft Bill proposing to regulate BNPL contracts as credit contracts and separately the release of key FAR Rules – Minister's Rules, Regulator Rules, and Transitional Rules – essential to enabling the transition from the BEAR to the FAR. On the ESG front, the SEC issued a scaled back version of its climate disclosure rule in final form, the UK government confirmed plans to regulate ESG ratings providers and the Australian government took a significant step towards enabling the development of an overarching national climate adaption plan with the release of the first of two planned National Climate Risk Assessment reports and the launch of a consultation on key design elements of the (planned) national climate adaption plan and more….
- Governance News 30 October 2019
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. This week's issue features among other things, an overview of the revised UK FRC Stewardship Code and a summary of ASIC's financial product advice test case (Australian Securities and Investment Commission v Westpac Securities Administration Limited [2019] FCAFC 187). - COVID-19: Easier faster access to credit for small business
New regulations implementing a temporary 6 month exemption from responsible lending obligations for Australian Credit Licensees are now in force. We've summarised the new measures below and provided some insights into the implications industry.
- Governance News 14 February 2024
This week's issue has a strong ESG focus. There are signs that investors are sharpening their expectations nature-related risk – PRI launched a new nature-focused initiative targeting 40 companies and NBIM says it divested from 86 companies on ESG grounds in 2023, including eight on nature grounds. Separately, several submissions on the draft Bill to establish a mandatory disclosure regime in Australia support pushing back the proposed commencement date and more…
- Targeting predatory lending | ASIC consults on extending two product intervention orders
ASIC is proposing to extend two product intervention orders imposing conditions on the issuing of short term credit and continuing credit contracts to retail clients.
- Governance News 25 May 2022
This week's issue has a strong ESG focus and includes coverage of several significant climate votes as well as two reports analysing the effectiveness of the ClimateAction 100+ investor coalition in delivering on its stated goals. On the financial services front, the issue includes an article discussing the impact of the Federal Election on planned FFSP reforms as well our key takeaways from an SIAA 2022 Conference Q&A with ASIC Chair Joseph Longo on a range of topical issues and more…
- Governance News 30 June 2021
We cover the draft Bill proposing to permanently enable the use of technology in the context of holding meetings and signing and sending documents. We also provide an update on progress towards implementation of the 76 Hayne recommendations as well as updates on several other financial services-related Bills and developments. On the ESG front, we provide an overview of the IGCC's call for the introduction of mandatory TCFD-aligned reporting in Australia and more…
- Governance News 23 October 2018
This issue includes (among other things) coverage of the results of recent AGMs at Origin, Tabcorp and Telstra as well as the results of the ACCR's private engagement on ESG issues at NAB and Westpac.
- Governance News 15 February 2023
This week's issue covers ASIC's latest regulatory and enforcement update and the regulator's 2023 enforcement priorities. We also cover a number of significant ESG developments in Australia and overseas and more…
- Governance News 13 August 2018
This week: coverage of the first week of the Financial Services Royal Commission Superannuation hearings; the announcement of additional funding for ASIC enforcement (including 'embedding' ASIC staff in the big four banks and AMP); ASIC's enforcement report for H1 2018; an update on developments concerning proposed amendments to the ASX Corporate Governance Principles and Recommendations as well as the release of the 'streamlined' and 'less prescriptive' Singapore Code of Corporate Governance.
- Experts: 'greenwashing' could expose companies (and directors) to the risk of litigation
A brief overview of the key points in the new supplementary opinion by Noel Hutley SC and Sebastian Hartford Davis on climate change and directors' duties.
- Step change in sustainability reporting: First two ISSB standards released
Why is the release of the first global sustainability standards such a big deal? Here's why the release of IFRS S1 and IFRS S2 marks a turning point for financial disclosure
- Introduction of mandatory climate reporting in Australia: Second round of consultation launched
A second consultation paper has been released seeking feedback on the implementation of proposed, mandatory climate reporting standards. We break down the key points and provide some suggestions around the steps boards can take now to prepare
- Larry Fink's annual letter 2022: Stakeholder capitalism is not woke, just good business says BlackRock CEO
In his latest annual 'dear CEO' letter, BlackRock CEO Larry Fink has defended stakeholder capitalism and BlackRock's push to hold firms accountable for progress on a range of ESG issues as good business practice and not inconsistent with, or at the cost of, long term financial returns. Rather, the letter seeks to explain why effective stakeholder capitalism is a driver of value-creation over the long term.
- Bill to permanently modernise meeting and execution requirements now law
The Bill to enact long-awaited permanent reforms to meeting, communication and execution requirements under the Corporations Act 2001 (Cth) received Assent on 22 February 2022.
- Combatting online scams: Government and the banking sector announce new measures
Government and the Australian Banking Association push forward with anti-scam measures following a year that that saw record consumers scam losses
- Governance News 30 March 2022
In this issue we cover several significant ESG developments including the release of the SEC's long-awaited proposal for a mandatory climate risk disclosure rule. On the financial services front, we cover the consultation on proposed options for the regulation of the crypto sector. This issue also include coverage of the Final report of the Review of the insolvent trading safe harbour as well as coverage of the PJC report into the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 which paves the way for the passage of the legislation (subject to certain amendments being made) and more….
- Governance News
- Governance News 17 November 2021
This week's issue includes coverage of significant financial services and regulatory developments including an update on progress towards implementation of the 76 Hayne Recommendations. The issue also covers other key risk and ESG developments and more…
- Governance News 1 July 2020
COVID-19 Special Edition
This issue of Governance News, includes coverage of: a) key COVID-19 related developments; b) other financial services and regulatory developments including our summary of the 'Wagyu and Shiraz' appeal decision; c) sustainability and climate risk related developments; and e) cybersecurity, privacy and technology related developments. - Governance News 8 September 2021
This issue covers several significant Hayne specific and other financial services developments including APRA's final remuneration standard (CPS 511), ASIC's breach reporting guidance (RG 78), and both APRA and ASIC's latest corporate plans for the 2021-25 period. This issue also includes coverage of several important ESG-related developments including the release of APRA's paper on the Climate Vulnerability Assessment exercise currently being undertaken with major banks and a landmark greenwashing case. In addition, this issue includes key takeaways from several sessions from the Governance Institute's National Conference 2021 and more…
- Governance News 5 April 2023
This week's issue has a strong ESG focus. We cover the progress of various shareholder proposals on a range of ESG issues including the majority vote on a shareholder labour rights resolution at Starbucks. We also cover the release of Climate Action 100+'s updated benchmark and the first proposals 'flagged' by the group for 2023. On the financial services front we cover ASIC's first court action over (alleged) unfair contract terms in an insurance contract, the progress of the FAR and CSLR Bills, the introduction of Senator Bragg's crypto-regulation Bill and more…
- Governance News 3 September 2018
This issue includes (among other things): an overview of the findings of ASIC's latest report on corporate finance regulation for H1 2018 including the regulator's key priorities for the next six months; and separately a summary of the findings of ASIC's review into the sale of direct life insurance products.
- ASIC chief reveals top corporate governance priorities for next year
Ensuring effective management and board oversight of non-financial risk is ASIC's key focus
- 'Fit for purpose': PJC Report gives ASIC corporate governance framework the tick of approval
The Parliamentary Joint Committee on Corporations and Financial Services Committee's latest report into the Australian Securities and Investments Commission (ASIC) concludes that the regulator's corporate governance framework is now 'fit for purpose' and rejects outright the suggestion there is any need for an external advisory board.
- Keeping up the pressure (despite COVID-19): ASIC's latest enforcement report released
Our key takeaways from ASIC's latest enforcement report: ASIC Report 688 ASIC enforcement update July to December 2020 (REP 688)
- Governance News 17 April 2019
This week's issue includes, among other things: coverage of APRA's new enforcement approach and the findings and recommendations of the strategic review that informs it, details of the ALRC review of the corporate criminal liability regime and trends reports into shareholder activism in Q1 2019.
- Governance News 24 May 2023
This issue has a strong risk focus. We cover insights from an expert panel into how to (and how not to) tackle emerging risk, as well as a speech from APRA Deputy Chair Helen Rowell reiterating the need for ongoing focus at board level on GCRA (including DEI). On the financial services front, we include a status update on progress towards tightening consumer protections in BNPL regulation. On the ESG front we cover the results of several key votes on significant shareholder ESG proposals including Climate Action 100+ flagged proposals at Shell and more…
- Governance News 16 November 2022
In this week's issue we cover APRA's latest bank risk culture survey, ASIC's latest DDO enforcement action and updates from APRA on its immediate priorities. On the ESG front, we cover key votes at several AGMs, the release of the UN's greenwashing report and more…
- Mandatory Climate Reporting Senate committee recommends passage of landmark Climate Bill
Key takeaways from the Senate Committee Report.
- Governance News 4 March 2020
Governance News provides a weekly wrap up of key governance, risk and regulatory developments in Australia and overseas. This week's issue features coverage of: a) recent activist campaigns; b) climate risk developments; c) COVID-19 related threat developments; d) ASIC and APRA's recent updates on the implementation of Hayne recommendations and their progress on responding to Hayne referrals; and e) developments in the audit sector including the release of the PJC's interim report.
- Governance News 13 October 2021
This issue covers key financial services developments including the second business interruption insurance test case, the FSC's proposals to cut the cost of advice, and various Hayne-related developments. In addition, this issue covers key ESG-related developments and more…
- Governance News 26 July 2023
This week’s issue has a strong ESG focus. Following the release of the ISSB’s initial two global sustainability standards, focus on implementation has (unsurprisingly) sharpened. IOSCO’s formal endorsement of the standards marks another step forward. On the financial services front, ASIC and APRA launched a joint consultation on implementation of the long-awaited Financial Accountability Regime (FAR), which when legislated, will replace the existing BEAR and more…
- Governance News 12 October 2022
This week's issue covers several significant ESG, regulatory, financial services and risk related developments including the ACCC's greenwashing sweep, MinterEllison's submission to the Quality of Advice Review, various crypto developments. The issue also features an article offering practical insights into how financial firms can sustainably manage the onslaught regulatory change and more…
- Governance News 3 August 2022
This week's issue has a strong ESG focus and features coverage of several sessions from the inaugural Climate Governance Forum (hosted by the AICD). You can find our key takeaways from sessions covering: why and how directors should be engaging on scenario planning/analysis; how and why boards should be factoring stakeholder interests into their decision making; and insights into what the introduction of global sustainability standards means for Australian boards and what they can be doing to prepare. On the financial services front we cover the APRA's consultation on a proposed new cross industry operational risk standard (draft CPS 230) and more...
- APRA releases final remuneration standard: CPS 511
As previously flagged by APRA, the final CPS 511 is very similar to the draft version on which APRA previously consulted. A brief overview of the final standard and the modifications made (and not made) to the final version in response to industry feedback is below.
- ASIC's 2024 enforcement priorities
We summarise ASIC's latest insights into its enforcement approach and outline the regulator's immediate enforcement priorities for the next 12 months.
- Governance News 31 August 2022
This weeks issue has a strong financial services focus and features coverage proposals for the (potential) overhaul of regulatory settings applying to financial advice (put forward in the Quality of Advice Review Proposals Paper) as well as the FRAA's first ever review of ASIC's effectiveness and capability. On the ESG front, we cover several climate-related shareholder proposals have been filed against resources companies and more…
- Latest COVID-19 Government stimulus package: new support for business
The Federal, State and Territory Governments along with the ATO have announced a number of measures to support the economy and businesses through COVID-19.
- Governance News 12 May 2021
This week's issue includes coverage of the key takeaways from the 2021-22 Federal Budget as well as other key risk, regulatory, financial services and ESG-related developments.
- Governance News 16 August 2023
This week's issue has a strong ESG focus and features coverage of several sessions from the 2023 Climate Governance Forum (hosted by the AICD). You can find our key takeaways from sessions covering: why and how boards should be prioritising nature-related risk; greenwashing and how to avoid it; effective transition planning, and understanding stakeholder expectations on climate and nature. On the financial services front we cover the findings of ASIC’s review into home insurance claims handling (REP 768) and more…
- COVID-19: Hayne reforms and DDO deferred six months
The government's timeline for implementing Financial Services Royal Commission reforms, and separately ASIC's timeline for enforcing design and distribution obligations and broker reforms have been pushed back six months because of the impact of COVID-19. - Governance News 20 September 2023
This week's issue has a strong risk focus. We cover speeches from ASIC Chair Joe Longo and Minister for Home Affairs Clare O'Neil to the AFR Cyber Summit. On the financial services front, the FAR Bills received Assent and the ABA's new Banking Code is anticipated to be in place in 'early 2024' (subject to ASIC approval). On the ESG front, the Taskforce on Nature-related Financial Disclosure (TNFD) framework has been released, SBTi has flagged plans to split out its validation function from its target setting function, California is another step closer to introducing mandatory climate disclosure requirements and more…
- Banks announce Scam Safe Accord
Among other new measures, banks are set to invest $100 million in a new confirmation of payee system
- Governance News 1 June 2022
This week's issue has a strong ESG focus and includes coverage of several significant votes on ESG resolutions as well as the SEC's consultation on two new rule proposals aimed at tackling greenwashing. On the financial services front, the issue includes our key takeaways from ACCC Chair Gina Cass-Gottlieb's address to the AFR banking summit outlining the regulator's enforcement priorities for the financial services sector and separately APRA Chair Wayne Byres' address to the summit and more…
- Governance News 2 March 2022
This week's issue again has a strong ESG risk focus and includes coverage of various developments which taken together give some indication of the growing pressure on companies to live up to their climate commitments in particular, including with respect to transition planning and indirect climate lobbying activity. In addition, this issue includes coverage of several other key ESG, risk, regulatory and financial services developments.
- Governance News 9 December 2020
This issue includes coverage of several sessions from the Governance Institute's National Conference, including panel discussions covering the evolution of role of risk managers and the three lines of defence model. In addition, this issue covers key financial services developments including ASIC's consultation non proposed updates to remediation guidance and more…
- Governance News 3 December 2018
This week's issue includes (among other things) an overview of the Federal Modern Slavery Bill 2018 with comments from MinterEllison Partner, Geraldine Johns-Putra; an overview of ASIC's first review of the buy now pay later industry, and a summary of some of the issues explored over the course of the second week of the final Financial Services Royal Commission hearings.
- APRA finalises remuneration disclosure requirements for APRA-regulated entities
Overview of new disclosure requirements under CPS 511
- Governance News 19 October 2022
This week's issue features coverage of the AICD's latest director sentiment survey, various significant ESG developments including the release of the TCFD's latest annual report on climate-related disclosure, a number of speeches and other statements from ASIC around its core priorities, current areas of focus and key projects and various financial services, risk and regulatory developments.
- Too ambitious? Analysis of US AGM data finds that the level of support for shareholder E&S resolutions this proxy season has so far been 'muted'
New report finds that after a record year for shareholder E&S resolutions in 2021, the level of support for these resolutions so far this year is much lower than expected perhaps reflecting the more ambitious demands being made of companies. Our key takeaways from the report are below.
- Directors on notice: ASIC urges boards to prioritise cyber
In his address to the AFR Cyber Summit, ASIC Chair Joe Longo urged boards prioritise addressing cyber weaknesses, including third party vulnerabilities, flagging that failure to give cyber security and cyber resilience sufficient priority 'creates a foreseeable risk of harm to the company and thereby exposes the directors to potential enforcement action by ASIC based on the directors not acting with reasonable care and diligence'.
- Governance News 14 September 2022
This week's issue has a strong financial services focus and includes coverage of the legislation that will (if enacted) introduce the long-awaited Financial Accountability Regime (FAR), the Compensation Scheme of Last Resort (CSLR) and the government's response to the SACC review. We also provide a status update on implementation of the Hayne Recommendations. In addition, we include coverage of two sessions from the Governance Institute of Australia's National Forum including the regulatory session and more…
- Governance News 31 January 2024
This week we cover the release of APRA's supervisory and policy priorities for the first half of 2024. Among the regulator's top cross-industry priorities are: Governance, Culture, Remuneration and Accountability (GCRA), climate risk, cyber resilience (with a focus on CPS 234 compliance), and operational resilience (with a focus on CPS 230 implementation). We also cover a number of other significant financial services and ESG-related developments and more…
- Transforming GCRA: APRA to roll out a risk culture survey to APRA-regulated entities
APRA has released an article providing insights into the outcomes of its recent pilot risk culture survey and outlining next steps. Our key takeaways are below.
- Hayne implementation: Feedback sought on potential changes
A proposals paper seeking feedback on 12 potential options to reform how financial advice is regulated has been released for consultation. We summarise the key points.
- Governance News 22 September 2021
This issue covers several significant ESG related developments including the release of ISS' analysis of key climate-related voting trends over the US proxy season and the proposed introduction of TCFD-aligned disclosure and board diversity disclosure requirements in Singapore. The issue also includes coverage of key financial services, risk and regulatory developments and more…
- Further 'modernisation' of Treasury Laws: Bill receives Assent
Overview | Treasury Laws Amendment (Modernising Business Communications and Other Measures) Bill 2023
- Governance News 25 March 2020
This week's news features coverage of: a) ASIC's guidance on AGMs in light of the COVID-19 pandemic; b) the joint AGM guidance issued by the Governance Institute, AIRA and the Law Council of Australia; c) the announcements by APRA and ASIC that they have shifted their priorities to focus on COVID-19 challenges; d) the release by BlackRock of its 2020 stewardship priorities; and d) coverage of actions being taken by business, government and by regulators in response to the COVID-19 threat.
- Still no movement: Electronic execution and meeting requirements
A brief overview and discussion of proposed reforms and the current situation
- Still stubbornly pale: Study finds ASX 300 boards are lagging on cultural diversity
New report finds that though ASX 300 boards are on track to reach gender parity by 2030 (based on current trends), progress on other aspects of diversity including skills diversity and cultural/ethnic diversity is lagging.
- Governance News 20 July 2022
This week we cover ACSI's latest report tracking ASX 200 CEO pay, and separately a report tracking changes in the level of shareholder activist activity and trends in activist demands globally. The issue also includes coverage of SEC's proposed changes to the rule enabling companies to block shareholder proposals. On the financial services front, we cover the two new product intervention orders now in force targeting predatory lending practices and more….
- APRA calls on boards to be proactive in their oversight of cyber-risk
Three areas where APRA would like to see improvement in board-oversight of cyber risk
- Governance News 22 March 2023
This week's issue has a strong ESG focus. We cover BlackRock CEO Larry Fink's annual letter, the release of the IPCC report and updates on the progress of various shareholder ESG resolutions. On the financial services front, we provide a status update on the long-awaited FAR and CSLR and more…
- Governance News 8 March 2023
This week's issue has a strong ESG focus. We cover the Senate Committee's report into the government's Bill to overhaul the existing 'safeguard' mechanism, the outcomes of the ACCC's greenwashing sweep and the ACCC's enforcement priorities for 2023/24. On the financial services front we provide an update on the status of the proposed FAR (which would expand on and replace the existing BEAR). We also provide an update on the progress of measures to further 'modernise' Corporations Act requirements and more…
- Governance News 4 November 2020
In this issue we cover key ESG and climate related developments including the release of the TCFD's third status report, BlackRock's push for the establishment of global sustainability standards and expert analysis from MinterEllison's Climate Governance Team on the probable implications for Australian companies of the step change in emissions reduction expectations being driven by banks and superannuation funds. We also cover the heated debate around the proposed introduction of permanent changes to meeting and electronic execution requirements, key financial services, regulatory and risk-related developments and more…
- FSRC Final Report: BEAR Regime
FSRC Final Report BEAR Regime insights for industry
- Governance News 19 April 2023
This issue has a strong ESG focus. We cover the progress of a number of shareholder ESG proposals on a range of issues ahead of upcoming meetings. On the disclosure front, we cover the ISSB's update on the planned roll out of the new standards. We also cover a global report into levels of shareholder activism, drawing out key findings for Australian companies. On the risk management front, we cover ACSI's latest assessment of ASX 200 companies' modern slavery reporting, the findings of the ACCC's latest targeting scams report and more…
- Governance News 13 December 2023
In our final Governance News update on key ESG, financial services, risk and regulatory developments for 2023, we cover the release of the ACCC's long-awaited final anti-greenwashing guidance and more….
- 'Many watersheds' and 'many silver bullets': Key takeaways from an expert panel discussion on D&I issues
An expert panel reflected on the shift in the conversation around gender equality in the workplace as well as Diversity and Inclusion (D&I) issues more broadly, the barriers to progress, key change drivers and the role of ers in this context. Our key takeaways are below.
- Governance News 26 February 2020
Governance News provides a weekly wrap up of key governance, regulatory and risk related developments in Australia and overseas. This week's issue includes coverage of APRA's climate plans; APRA Deputy Helen Rowell's recent speech on lifting accountability standards, and the ACCC's 2020 compliance and enforcement priorities. It also includes coverage of ASIC's consultation on draft guidance on the new best interests duty for mortgage brokers.
- Governance News 27 May 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 developments including: a) the Prime Ministers' JobMaker program; b) updates from RBA, APRA and ASIC ers on the regulatory response to COVID-19; c) the temporary relaxation of continuous disclosure requirements; d) the lifting of temporary short selling bans in Austria, Belgium, France, Greece and Spain; e) the continuing investor and regulatory focus on ESG issues despite the pandemic; and d) other financial and regulatory developments.
This issue also features coverage of the AICD's latest progress update on board (gender diversity).
- APRA cautions banks against 'complacency' on risk
We summarise the key takeaways from APRA's bank risk culture survey
- Governance News 17 June 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 related developments including: a) the Prime Minister's speech on the government's five year recovery plan; b) the announcement from the deregulation taskforce that modernisation of business communications will be a key priority; c) the release of the AICD's report into the impact of COVID-19 and director attitudes towards the recovery; d) the release of ASIC information sheet 245 which provides guidance on board oversight of executive variable pay decisions during the COVID-19 pandemic; f) ASIC's revised timeline for ongoing work (including the release of consultations and guidance on Hayne Commission recommendations) and the release of ASIC's interim corporate plan; and g) other regulatory and financial services related developments.
This issue also includes coverage of the passage of the package of legislation that will introduce a new director identification number (DIN) requirement, and centralise and streamline access to business registers.
- Governance News 15 June 2022
This issue has a strong risk focus and includes coverage of several cyber-risk related developments including ASIC's latest reminder to firms to take steps to improve their cyber resilience, and in the UK, plans to grant UK financial regulators new powers over 'critical third party providers'. On the ESG front we cover the majority vote at Caterpillar on a shareholder Scope 3 emissions reduction resolution as well as ASIC's new greenwashing guidance. This issue also includes coverage of various key financial services developments and more…
- Permanently allowing virtual AGMs and electronic execution of documents: Draft legislation released for consultation.
Following what it considers to be a successful test run of changes to meeting and execution requirements introduced in response to the COVID-19 pandemic, the government has released draft legislation for a short consultation period proposing to make them permanent. Our key takeaways are below.
- Governance News 15 March 2023
This week we cover the (re)introduction of the legislation to establish the CSLR and the announcement of a planned review of the MIS framework. On the ESG front, we cover PRI's take on how investors should respond to lack of corporate action on majority shareholder ESG proposals, the results of Apple's shareholder meeting, Pfizer and Amex's unsuccessful attempts to block shareholder reproductive rights proposals and more…
- Governance News 9 November 2022
This week's issue covers several significant financial services developments including insights from ASIC into its enforcement approach, ASIC's 2023 enforcement priorities and the launch of the FRAA's first review of APRA. On the ESG front, we cover the release of the UK TPT's proposed new ‘gold standard’ framework for climate transition planning for private sector firms, ASCI's analysis of the extent to which ASX 200 companies' reported emissions targets are aligned with a 1.5 degree trajectory and more…
- Governance News 10 June 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 related developments including coverage of the Governance Institute's calls for temporary changes to the Corporations Act put in place because of the pandemic to be made permanent.
This issue also includes: a) our case note on ASIC's UCT test case: ASIC v Bendigo and Adelaide Bank Ltd 2020 FCA 716; b) coverage of the FPA's proposal to overhaul the AFSL regime; c) coverage of the ACCR's latest report into the voting behaviour of Australian superannuation funds; and e) coverage of the AHRC's report into the prevalence of sexual harassment in Australian workplaces and the recommended changes to the current approach.
- Leaning into radical uncertainty: How and why directors should be engaging with scenario planning
The impacts of climate change are already being felt in Australia and the economic transition to a low carbon economy is already underway. Yet, the longer-term impacts and trajectory of the shift is inherently uncertain given the variables involved, posing challenges for organisations and for boards from a risk management and strategic planning perspective. So how should boards be engaging with this challenge? This was the theme of an expert panel discussion at the inaugural Climate Governance Forum. Our key takeaways are below.
- Report finds the level of shareholder activity globally remains much lower than pre-pandemic levels
Insightia has released its latest statistical analysis of global trends in shareholder activist activity for H1 2021. Our key takeaways are below.
- 'Stagnating': Report finds ASX 300 boards continue to lag on cultural diversity
Report Overview | Governance Institute, Watermark Search International report: 2022 Board Diversity Index. The report finds that though ASX 300 boards are on track to reach gender parity by 2030 (based on current trends), progress on other aspects of diversity notably cultural/ethnic diversity is lagging. Our key takeaways from the report are below.
- Mandatory Climate Reporting | 'You have to do this now' says ASIC Chair
ASIC expects business not to wait for the new mandatory climate reporting regime to be enacted, but to start preparing now.
- Governance News 30 July 2018
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. - Governance News 11 September 2019
This week's issue features (amongst other developments) coverage of the CEW's ASX200 CEO census, Lord Sales advocating climate-focused law reform, ASIC appealing Westpac lending case, and Macquarie Business School's strategies for minimizing unethical employee behavior.
- APRA confirms Q4 2021 policy priorities
APRA has updated its policy priorities for Q4 2021 including deferring consultation and planned commencement for some planned changes.
- Governance News 19 May 2021
This issue includes coverage of several sessions from the Governance Institute's Governance Risk Management Forum 2021, including the regulators' panel discussion, a discussion of the key attributes for modern boards, a discussion of the role and value of ethics in the boardroom and a session on the shift in thinking taking place around executive remuneration. This issue also features coverage of key ESG developments, financial services developments and more...
- Stagnating or slipping backwards on gender parity: Latest CEW Senior Executive Census urges a shift in approach
Our key takeaways from the CEW Senior Executive Census 2022
- Governance News 22 February 2023
This week's issue has a strong ESG focus. DEI has been a key investor concern for some time, and this looks to remain the case with multiple shareholder DEI-related proposals filed at US companies this year. There are also signs that regulatory focus on the issue is sharpening. In Australia, APRA has flagged consideration of DEI will figure into its planned review of CPS 510 Governance this year. The issue also includes coverage of a number of significant financial services and regulatory developments and more…
- Governance News 15 December 2021
This issue includes coverage of several significant financial services developments including coverage of the government's planned actions in response to the three recent reviews into the payment systems regulatory framework, the ALRC's first interim report into the potential reform of the financial services regulatory framework and ASIC's consultation on two proposed product intervention orders targeting certain forms of predatory lending and more…
- Governance News 21 August 2019
Among other things, this week's issue features coverage of the government's proposed implementation timetable for actioning the recommendations of the Hayne Commission and a summary of ASIC's latest enforcement report. In addition, this issue includes coverage of the Business Roundtable's redefinition of the purpose of a corporation.
- Governance News 6 March 2019
This week's issue includes (among other things) updates on implementation of the Financial Services Royal Commission recommendations, an overview of APRA's 2019 policy priorities, and an overview of the recently released fourth edition of the ASX Principles and Recommendations.
- Governance News 14 December 2022
This issue includes coverage of the government's initial consultation on the design and implementation of a new, internationally aligned, mandatory climate disclosure regime. We also cover various other ESG, financial services, regulatory and risk-related developments and more...
- Governance News 5 July 2023
This week's issue has a strong risk focus. APRA has called on all regulated entities to review the six 'common control gaps' in CPS 234 compliance so far identified as part of its 'independent tripartite cyber assessment'. Separately, government and regulatory focus on combatting online scam activity continues with the National Scam Centre's first new expert 'hit squad' set to focus on tackling online investment scams. On the financial services front, ASIC's focus on DDO compliance and enforcement and pricing misconduct continues – we cover the latest developments. On the ESG front, following the release of the ISSB's initial two sustainability standards last week, the IAASB is set to consult on overarching standard for assurance on sustainability reporting in August 2023, the NA 100 initiative has flagged the eight sectors it intends to target, two reports offer early insights into the trends to have emerged over the US meeting season and more….
- Governance News 24 February 2021
This week's news includes an overview of Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 which proposes to temporarily extend and expand on the measures in Corporations (Coronavirus Economic Response Determination (No. 3) 2020 and to make permanent the temporary changes to continuous disclosure laws introduced in May 2020. The issue also includes coverage of key ESG, financial services and regulatory developments and more…
- First FRAA Review of ASIC released
The Financial Regulator Assessment Authority's (FRAA) first report into the Australian Securities and Investments Commission (ASIC) was released publicly on 25 August 2022. Our key takeaways are below
- Governance News 23 September 2020
COVID-19 Special Edition This issue of Governance News covers: a) key COVID-19 related developments including an article reflecting on the possible Australian implications of the recent UK business interruption insurance test case; b) various ESG, sustainability and climate related developments including the release of BlackRock's annual stewardship report and the release of the BRT's climate statement; and c) financial services and regulatory developments including the release of ASIC's latest enforcement activity report covering H1 2020.
- Hayne implementation: ASIC to adopt a 'reasonable approach' to implementation of upcoming reforms
The Australian Securities and Investments Commission (ASIC) has provided a brief update on its approach to compliance with six significant Hayne reforms due to commence in October
- AHRC report recommends eight ways ASX 200 companies can do better on workplace sexual harassment
Building on the landmark Respect@Work report, a new report from the Australian Human Rights Commission analyses ASX 200 companies' current approach to tackling the issue of workplace sexual harassment and sets out eight recommendations (six directed at boards, and two directed at investors) around how this can be improved.
- GCRA continues to be a key focus for APRA
The Australian Prudential Regulation Authority (APRA) has released its 2022/23 corporate plan. Our key takeaways are below.
- Governance News 5 August 2020
COVID-19 Special Edition: This issue of Governance News covers: a) key COVID-19 related developments including an article exploring the potential impacts of COVID on offshoring and overseas outsourcing; b) meeting related developments including the temporary extension of COVID-19 relief and separately an in-depth article on new annual meeting requirements for superannuation funds; c) various risk-related developments including the release of ASIC's revised complaints handling guidance; and d) coverage of various ESG related developments.
In addition, this issue includes a brief overview of a recent panel discussion, hosted by the Governance Institute, that explored the barriers to improving diversity on Australian boards and the possible path forward.
- Governance News 13 April 2022
This week's issue has a strong financial services and includes updates on the status of key Hayne-related Bills (eg FAR and CSLR Bills) in light of the calling of the Federal Election. This issue also includes coverage of various significant ESG, regulatory and risk developments and more...
- Governance News 6 November 2019
This week's issue features (among other things) coverage of ASIC's action against IOOF-owned financial advice business RI Advice and former financial adviser John Doyle, the ICA's announcement that it has approved a new General Insurance Code of Practice and SEC's proposals to modernise the shareholder proposal rule.
- Governance News 29 May 2019
This week's issue features (among other things) an overview of APRA's information paper, Self-assessments of governance, accountability and culture and the findings to emerge from APRA's analysis.
- ASIC's calls on investment product issuers to 'lift their game', warns that 'closer scrutiny is coming'
Report overview | ASIC Report 762 Design and distribution obligations: Investment products (REP 762)
- Senate Committee paves the way for the passage of FAR and CSLR Bills
We summarise the Senate report into the package of legislation that if passed, would establish the Financial Accountability Regime (FAR) and the Compensation Scheme of Last Resort (CSLR) and provide an update on the status of the Bills.
- Governance News 15 November 2023
This week the government opened consultation on a draft Bill proposing to implement its response to several recommendations of the Quality of Advice Review. Separately ASIC released the results of its recent cyber pulse survey (REP 776). On the ESG front, we cover Australia's pledge to provide climate adaption and mitigation support to Tuvalu, the release of the Carbon Leakage Review's consultation paper and more…
- Governance News 3 May 2023
This week's issue has a strong ESG focus. We offer an early look at voting outcomes on key shareholder ESG proposals, including key climate proposals at US banks. Closer to home we cover ASIC's latest greenwashing enforcement action. On the financial services front we cover the release of ASIC's updated reportable situation guidance (RG78) and more…
- Governance News 6 April 2022
This week's Governance News has a strong ESG focus and includes coverage of the release of the ISSB's first two draft global sustainability standards which have been released for consultation as well as a number of developments evidencing the growing pressure on companies to act on a range of ESG issues including climate risk. The issue also features coverage of various key financial services, risk and regulatory developments and more…
- Governance News 11 October 2023
This week's issue again has a strong ESG focus. Ahead of the expected introduction of mandatory climate reporting requirements in Australia MinterEllison (together with Deloitte, through the Australian Chapter of the Australian Governance Initiative) has released a practical guide outlining the steps directors can (and should) take now to prepare. On the financial services front, ASIC and APRA have released an initial information pack outlining their approach to joint administration of the Financial Accountability Regime (FAR) and the steps they expect ADIs to take to prepare to transition from the BEAR to the FAR and more….
- Governance News 31 March 2021
This issue features coverage of key ESG developments including the release of the UK consultation on the proposed approach to implementation of mandatory TCFD reporting. This issue also includes coverage of ASIC's no-action position on electronic AGMs and separately coverage of key financial services, regulatory and risk-related developments.
- DEI in focus | APRA gives financial firms a heads up
APRA flags that this years planned review of CPS 510 Governance will include 'consideration' of DEI
- Governance News 30 November 2022
This week's issue includes coverage of several significant ESG developments including the consultation on a new Bill proposing to enable the AASB and AUASB to develop and maintain sustainability standards and accompanying auditing and assurance standards, in line with the government's commitment to introduce internationally consistent sustainability standards. The issue also includes coverage of APRA's first CVA exercise, the joint 'call for evidence' on greenwashing issued by European regulators and more. On the financial services front, the issue includes coverage of the release of APRA's first handbook for bank directors and more…
- Governance News 5 June 2019
This week's issue features: coverage of APRA deputy chair John Lonsdale's speech to 2019 Actuaries Summit; APRA's call for PHIs to take a more proactive approach to the sustainability risks facing the sector; and ASIC's latest Market Integrity Report. This issue also includes coverage of two Governance Institute reports: 2019 Risk Management Survey and the Annual Remuneration Report.
- Governance News 29 January 2020
Governance News provides a weekly wrap up of key governance, risk and regulatory developments in Australia and overseas. This week's issue features our report into the key trends to emerge over the 2016-2019 AGM seasons in Australia which features expert insight into the implications for boards and for companies.
- Governance News 20 January 2021
Our first issue for 2021 features coverage of key ESG and sustainability related developments including the release of BlackRock's updated global principles and guidelines and discussion of the 'say on climate' initiative. In addition, this issue includes an expert summary of recent largescale insolvency reforms as well as coverage of key financial services and regulatory developments and more…
- Moving closer to introducing internationally-aligned climate reporting requirements in Australia: Initial consultation launched
The government is seeking initial feedback on the design and implementation of a new climate disclosure regime. Our overview of the key points is below.
- Governance News 4 September 2019
This week's issue has a focus on the financial regulators and features coverage of the release of APRA and ASIC's corporate plans and APRA's updated enforcement approach (among other developments).
- ASIC urges licensees to strengthen remediation procedures
ASIC's review into RG 277 implementation highlights six improvement areas. ASIC has urged all licensees to review their approach in light of this and cautioned that going forward, it will consider regulatory action where licensees 'fail to deliver fair and timely remediation to affected consumers'.
- Report finds ASX 300 companies are 'lagging' on modern slavery
Joint Monash University Centre for Financial Studies (MCFS) and ISS ESG analysis of mandatory reporting under the Modern Slavery Act 2018 (Cth) by ASX 300 companies highlights three key areas where disclosure is 'lagging'. The report also emphasises the crucial role that investors can play in driving improvement through their engagement with companies on the issue.
- Governance News 31 May 2023
This week's issue has a strong ESG and risk focus. Looking at Australia first, the final report from the independent review into the Modern Slavery Act 2018 (Cth) was released this week. Looking overseas, we cover the launch of the consultation on proposed changes to the UK Corporate Governance Code as well as voting outcomes on a number of key shareholder ESG proposals. On the financial services front, US regulator the OCC has flagged it will take a tougher line on pushing banks to address 'persistent issues'. In Australia, regulatory focus on cybersecurity and scam prevention continues - we cover the latest announcements from APRA and ASIC and more…
- Governance News 5 April 2019
Governance News provides weekly summaries of key governance and regulatory developments in Australia and overseas. This issue features: The release of MinterEllison's Foreign Bank Tracker 2019, an overview of an updated Hutley Opinion and a summary of the UK Banking Standards Board's latest annual assessment of bank culture (the largest ever conducted). - Governance News 2 June 2021
This week's issue features coverage of several significant climate-related developments including the majority shareholder votes at Exxon and Chevron and brief coverage of two significant climate decisions. The issue also includes coverage of key financial services, regulatory and risk developments including a progress update on implementation of the Hayne recommendations and more…
- Financial Regulator Assessment Authority launches first ASIC review
The scope, approach and timing of the inaugural review of ASIC by the new regulator oversight body, the Financial Regulator Assessment Authority (FRAA), has been confirmed.
- Governance News 15 September 2021
This week's issue covers key financial services developments including the release of ASIC's latest enforcement report and planned further amendments to upcoming DDO obligations. This issue includes coverage of key ESG and risk-related developments and more…
- Governance News 10 July 2019
This week's issue includes, among other things, coverage of ASIC's consultation on the first proposed use of its new product intervention power, the release of ASIC's review of car insurance claim investigations, the re-introduction of various Bills (following the dissolution of parliament) and expert insights into the impact of new Modern Slavery legislation in Australia.
- Change in tone (but not approach)? BlackRock CEO Larry Fink's annual letter
We highlight the key themes in BlackRock CEO Larry Fink's 2023 Annual Letter.
- Governance News 1 November 2023
This week's issue again has a strong ESG focus. US regulators have finalised principles for climate-related financial risk management for large financial institutions, the IAASB has released FAQs on the application of materiality in proposed ISSA 5000 and the US Chamber of Commerce has reiterated concerns about the SEC's proposed climate disclosure rule. In Australia, the ACT government has moved to legislate a right to a healthy environment. Heading into the Australian AGM season, several companies have already had first 'strikes' against their remuneration reports. On the financial services front, ASIC has released its second report into compliance with the reportable situations regime (REP 775) and more…
- Governance News 8 July 2020
COVID-19 Special Edition
This issue of Governance News, includes coverage of: a) key COVID-19 related developments including the ABA's announcement of a second phase of support for customers impacted by COVID-19 ; b) other financial services and regulatory developments; c) the increasing focus on disclosure of 'non-financial risks' including climate risk by regulators, investors and stakeholders; and d) an update on UK audit reform.
In addition, this issue includes coverage of the joint report from Aon and the Governance Institute into trends in executive remuneration, board workload and board composition and separately coverage of the 30% clubs new diversity targets (UK) and expanded focus (Australia). - Governance News 3 November 2021
This issue covers several significant Hayne related developments including the introduction of legislation proposing to implement the Financial Accountability Regime (FAR) and the Compensation Scheme of Last Resort (CSLR). The issue also provides a brief update on the roll-out of Director IDs, and the Governance Institute's Future of the Board report as well as various ESG and other risk related developments and more…
- ASIC guidelines for AGMs in a COVID-19 environment
New ASIC guidelines will Australian public companies hold AGMs in light of social distancing requirements and restrictions on indoor gatherings. - FAR implementation | Financial Accountability Regime (Minister Rules) 2024 published
Who is an 'accountable person' under the FAR and when will accountable entities meet the 'enhanced notification' threshold? Here's what's in the long-awaited Financial Accountability Regime (Minister Rules) 2024
- Governance News 21 April 2021
This week's issue includes a brief update on the implementation of the DIN regime, two separate reports looking at trends in 'say on pay' voting behaviour and the release of joint updated guidance from the Governance Institute, the AICD, the AIRA and the Business Law Section of the Law Council of Australia on navigating the ongoing uncertainty around holding virtual AGMs and electronic execution. The issue also includes coverage of key financial and regulatory developments including the release of ASIC's latest enforcement update, the BCCC's latest report on compliance with the Banking Code, and the release of draft legislation proposing to implement the government's response to Hayne Commission recommendation 2.10 (the establishment of a new disciplinary system for financial advisers.
- Governance News 14 April 2021
This issue features coverage of key ESG developments including the introduction of legislation into the New Zealand parliament that (if passed) would mandate new TCFD-aligned reporting requirements for the financial sector as well as recent developments in shareholder activism. This issue also includes coverage of several reports relating to diversity in the workplace, as well as coverage of the government's formal response to the landmark Respect@Work report.
- Governance News 27 April 2022
This issue has a strong ESG focus and includes a wrap up of recent ESG resolutions and BlackRock's 'net zero by 2030 statement' as well as coverage of the FRC's decision to introduce minimum diversity requirements into the UK Listing Rules and more…
- Room to improve: ASIC review of IDII claims handling practices released
The focus of the review was on both checking in on the extent to which insurers had changed their practices in response to concerns previously raised by the regulator and to monitor how they had approached implementing Hayne reforms. Our key takeaways are below.
- New consultation launched: Draft Bill would permanently modernise meeting and execution requirements
The government is seeking views on a draft Bill that proposes to permanently enable the use of technology in the context of holding meetings and signing and sending documents.
- Falling Short? Separate reports suggest that the Climate Action 100+ initiative should toughen its approach
Two separate reports conclude that the Climate Action 100+ initiative has so far fallen short of delivering on its objectives. We outline the key findings in each and the recommended changes to address the gaps identified.
- Governance News 22 January 2020
The increasing focus on the social and governance aspects of ESG and changing expectations of managing and reporting on ESG risks is the primary focus of this week's issue of Governance News.
- Governance News 23 June 2021
This week's issue covers several reports analysing trends in diversity and inclusion and remuneration; developments in shareholder activism and various ESG-related developments. In addition, you can find our key takeaways from the AHRC report into how ASX 200 companies can improve their approach to workplace sexual harassment and more…
- Governance News 28 October 2020
COVID-19 Special Edition This issue of Governance News covers: a) key COVID-19 related developments; b) recent AGM results; c) opposition from some quarters to the government's proposals to permanently give companies the option to hold virtual meetings; c) key regulatory and financial services developments including ASIC's latest use of the product intervention power; and e) key risk and ESG related developments and more...
- Governance News 29 October 2018
This issue includes (among other things) a summary of the findings of McKinsey's latest research into (gender) diversity in US corporations, and the latest AICD Director Sentiment Index which has ranked climate change as a key priority for the first time.
- FAR transition | Regulators issue final Rules
ASIC and APRA have finalised new Rules setting out what information they need from ADIs about their Accountable Persons (APs) at the 'transition point' from the BEAR to the FAR - Financial Accountability Regime (Consequential Amendments) Transitional Rules 2024 (Transitional Rules) - and confirming the information to be included in the FAR register of accountable persons -Financial Accountability Regime Act (Information for register) Regulator Rules 2024 (Regulator rules). Here's what you need to know.
- Governance News 19 February 2020
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas for the week ending 19 February. This week's issue features coverage of the NSW Supreme Court's decision in Rural Funds Management Limited as Responsible Entity for the Rural Funds Trust and RF Active v Bonitas Research LLC [2020] NSWSC 61 (which concerned attacks by a US based short seller on an Australian company), as well as the progress of the governments financial services legislative reforms, and coverage of the government's response to 'endemic' wage underpayment.
- COVID-19: ASIC extends time to hold wholly virtual meetings
ASIC has exercised its new emergency powers to extend the time in which entities will have the option to hold wholly virtual meetings. We outline the changes and explain how they fit in with recent reforms.
- Governance News 20 November 2019
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. This week's issue features (among other things) coverage of APRA's supervisory approach to GCRA risk and the release of the ALRC's discussion paper seeking feedback on 23 proposals to reform Australia's Corporate Criminal Liability Regime. - Global report confirms overall slowdown in activist activity
Insightia has released its latest statistical analysis of global trends in shareholder activist activity for H1 2023. Our key takeaways are below.
- Governance News 6 March 2024
This week's issue has a strong ESG focus. We cover the release of a new report offering insights into how Australian directors view and how boards are acting on climate. On the financial services front, we cover ASIC's latest enforcement update and more….
- Operational Resilience in focus: APRA Chair says Australia's banking system is 'among the strongest and most resilient in the world' (but there is still room for improvement)
Key takeaways from APRA Chair John Lonsdale’s 28 March 2023 address to the AFR Banking Summit
- ASIC enforcement update H1 2023 released
In releasing its latest enforcement and regulatory report (REP 767) ASIC has again underlined its focus on certain forms of misconduct including greenwashing. Our key takeaways are below.
- Governance News 28 February 2024
This week's issue has a strong ESG focus. Nature and AI (including the human impacts of AI) are firming up as areas not only of increasing concern and focus for investors – shareholders continue to push companies to act on both – but as focus areas for regulators and standard setters as well. We cover a range of developments. On the financial services front, the Australian government has announced consumers will be able to lodge claims for compensation under the Compensation Scheme of Last Resort (CSLR) from 2 April 2024, Liberal Senator Andrew Bragg has called for a new Financial System Inquiry to reassess the 'twin peaks' model and more…
- Why does the gender wage gap increase with age?
Workforce Gender Equality Agency (WGEA) analysis of workplace participation and compensation data suggests that overrepresentation of women in part time work, is holding them back from promotion into ership positions contributing to the steadily increasing earnings difference between men and women as they get older.
- Quality of Advice Review | Proposed roadmap for implementing the 'second tranche' of reforms released
The government has outlined its proposed approach to implementing Tranche 2 of its response to the Quality of Advice Review Recommendations.
- Governance News 22 June 2022
This week's issue includes coverage of comments from the ASIC Chair and Deputy Chair on the implementation of recent reforms including DDOs, and ASIC's expectations around compliance. On the governance front, the issue includes coverage the UK Institute of Directors' proposal for the introduction of a director Code of Conduct. Separately we also cover of a working paper advocating for the abolition of the UK Corporate Governance Code more…
- Governance News 16 September 2020
COVID-19 Special Edition
This issue of Governance News covers: a) key COVID-19 related developments including the announcement of further changes to capital raising class waivers; b) remuneration related developments, including the impact COVID-19 has had on executive pay in the Australian context; c) various ESG, sustainability and climate related developments; d) financial services and regulatory developments including the announcement the ALRC is set to conduct a three stage review of the legislative framework for corporations and financial services regulation; e) key risk-related developments including coverage of the Male Champion's of Change report into workplace sexual harassment. - FAR status update: Regulators consult on FAR implementation
The Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) have opened a four week consultation on draft rules to support the transition from the existing BEAR to the Financial Accountability Regime (FAR) and implementation of the FAR. Here’s what you need to know.
- Consumer protection is the key theme in ASIC's latest corporate plan
The Australian Securities and Investments Commission (ASIC) released its 2022-2026 Corporate Plan. Our key takeaways are below.
- Governance News 28 April 2021
This issue climate-risk themed issue includes coverage of the third expert opinion from Noel Hutley SC and Sebastian Hartford-Davis on directors' duties and climate risk including detailed analysis of the implications from MinterEllison Partner Sarah Barker; a brief overview of APRA's draft Prudential Practice Guide CPG 229 Climate Change Financial Risks; and ACSI's revised climate voting policy and more…
- Governance News 19 July 2023
This week's issue has a strong risk focus. We cover the release of the ACCC's hotly anticipated updated draft guidance for business on what it considers they need to do to avoid greenwashing. On the financial services front, APRA has released its long-awaited cross-industry prudential standard on operational risk (CPS 230) in final form and opened consultation on draft guidance, and the Financial Regulation Assessment Authority (FRAA) has released its Review of the effectiveness and capability of APRA's supervision and resolution work in superannuation and more…
- Governance News 21 February 2024
This week's issue has a strong ESG focus. Human/worker rights and climate change continue to be the top themes in the 344 shareholder ESG proposals filed so far this year by ICCR members - nature-risk and separately, AI (human/worker rights implications) are also emerging as areas of increasing shareholder focus. Also, investors are sharpening their expectations around direct and indirect climate lobbying (through trade organisations) with AXA IM warning heavy emitters they may face 'against' votes at upcoming meetings. Separately, New York State Common Retirement Fund has announced divestments from eight oil and gas firms including Exxon on climate grounds and more…
- Mandatory Climate Reporting in Australia | New guide outlines the steps directors can (and should) take now to prepare
How directors can prepare now for 'the biggest change to corporate reporting in a generation'
- Superannuation trustees and FAR: Who are your significant related entities?
Superannuation trustees should take proactive steps to identify their significant related entities (SREs) to ensure compliance with their obligations under FAR.
- Governance News 13 September 2023
This week's issue features coverage of the Governance Institute's latest Ethics Index which offers insights into how ethical Australians perceive business, our institutions and our society to be and the key ethical challenges facing the country. We also cover OAIC's latest notifiable data breach report, NBIM's statement on AI and a report suggesting that while Australian businesses are rushing to embrace AI, governance/oversight may not be keeping pace and more...
- Governance News 25 September 2019
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. This week's issue includes among other things, coverage of the Federal Court's decision in Australian Prudential Regulation Authority v Kelaher 2019 FCA 1521 (APRA's IOOF case), coverage of an AHRI report identifying that cultural issues of the kind identified by the Hayne Commission are not unique to the financial services sector and a joint report by the AICD and the University of Sydney Business School that found that Australian boards are lagging behind their global peers on innovation.
- 35 greenwashing enforcement actions in nine months and counting…
That greenwashing is a key enforcement focus for ASIC is made very clear in ASIC's latest report detailing examples of instances in which the regulator has intervened over the last nine months. Ahead of the expected introduction of new internationally aligned disclosure requirements and other policy measures designed to support and reinforce Australia's sustainable finance market, ASIC has reiterated called for firms to sharpen their focus on the issue.
- Mandatory climate reporting in Australia | Landmark Climate Disclosure Bill introduced
Long awaited legislation - Schedule 4 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) - to establish an ISSB-aligned mandatory climate reporting regime in Australia was introduced into the House of Representatives on 27 March 2024. Here is our overview.
- Governance News 13 May 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 developments including: a) the deferral of Hayne reforms and DDO requirements for six months; b) guidance on virtual AGMs in light of recent government announcements; c) the continuing relevance/importance of ESG and how organisations can report on ESG issues during COVID-19 and beyond; and d) financial and regulatory developments.
This issue also features coverage of a number of sessions from the Governance Institute's Virtual Governance and Risk Management Forum and coverage of their latest Risk Management Survey which provides insights into the current risk/governance landscape and the key challenges in that space.
- Governance News 27 January 2021
This ESG focused issue includes coverage of BlackRock CEO Larry Fink's annual CEO letter as well as recent developments in reporting and remuneration. This issue also features coverage of Lazard's annual review of levels of shareholder activism globally. In addition, the issue covers key financial services developments and more…
- Governance News 26 August 2020
COVID-19 Special Edition:
This issue of Governance News covers: a) key COVID-19 related developments; b) trends in executive remuneration including coverage of Glass Lewis' likely approach to bonuses going into the Australian meeting season; c) ESG-related developments including the IGCC report on the improvements investors would like to see in climate reporting; d) ASIC's latest enforcement actions; and e) financial services, regulatory, governance and risk developments.
- Governance News 17 May 2023
This week's issue again has a strong ESG focus. We cover a number of key votes on shareholder ESG proposals in US, and in Australia, ASIC's continued focus on tackling greenwashing with the release of REP 763 and ASIC Deputy Chair Karen Chester's 10 May address to the RI Australia Conference. On the financial services front we provide an update on the progress of the long-awaited FAR Bills, ASIC's latest enforcement update, ASIC's court action against an insurer over alleged use of UCT in certain policies and more…
- FAR status update: FAR Bills now law
Legislation to introduce the long-awaited FAR - the Financial Accountability Regime (Consequential Amendments) Bill 2023 and Financial Accountability Regime Bill 2023 – received Assent on 14 September 2023.
- Governance News 20 May 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 developments including: a) managing the transition back to workplaces; b) update from ASIC on extended reporting dates/AGMs; c) the continuing investor focus on ESG issues (including climate issues) despite the pandemic; d) the shift toward virtual meetings (investor/shareholder attitudes to the shift); and d) other financial and regulatory developments.
This issue also features coverage of the Governance Institute's latest Gender Diversity Index which provides insights into the progress that ASX 300 boards have made towards improving diversity in their ranks over the past six years.
- ACCC embeds sustainability into 2023-24 Product Safety Priorities
Key takeaways from ACCC Chair Catriona Lowe's 15 June 2023 address to the National Consumer Congress
- Financial Accountability Regime: Bills (re)introduced
The long-awaited Bills to established the proposed FAR were (re)introduced into the House of Representatives on 8 September 2022
- Governance News 5 February 2020
This week's issue features coverage of the consultation on a raft of proposed measures to implement the government's response to 22 Hayne recommendations (and other additional commitments). Also included is coverage of APRA member Geoff Summerhayes' recent speech on the sustainability challenges facing the PHI sector.
- Every board should have courage, curiosity and compassion?
Key takeaways from a discussion of the top attributes modern boards need, and are expected to have, to be effective
- Four lessons for aged care from financial services
The aged care and financial services sectors have both recently been through Royal Commissions. And while there are many differences between the two sectors, there are also some key similarities. Based on our experience in both aged care and financial services, our multi-disciplinary team has identified key lessons for the aged care sector to take forward.
- Should financial planners be individually registered?
The Financial Planning Association has called on the government to take the opportunity to strengthen it's proposed approach to implementing Hayne Recommendation 2.10.
- Governance News 10 November 2021
This issue has a strong risk focus. It includes several significant developments relating to climate risk management and disclosure including the announcement that the ISSB will develop global sustainability standards. The issues also includes various other risk, regulatory and financial services related developments and more…
- Ethnic/racial diversity in focus: Parker Review gives companies five years to meet new ethnicity targets
Building on what it considers to be the success of existing (voluntary) board ethnicity targets, the Parker Review has expanded its focus to include new five-year ethnicity targets for senior management. The new targets apply to both FTSE 350 companies and the largest 50 private companies in the UK.
- Governance News 25 October 2023
This week's issue has a strong ESG focus. The introduction of mandatory, ISSB-aligned climate reporting is another step closer in Australia this week with the release of the AASB's draft standards. Separately, we cover the NSW Anti-Slavery Commissioner's recent address outlining why modern slavery risk is a material and foreseeable governance risk, and why it should be a key priority for ASX boards. On the financial services front, we cover ASIC's recent update on its consumer credit priorities and more….
- Regulatory focus on combatting scams and strengthening cyber resilience continues
We outline the latest announcements from APRA and ASIC
- Governance News 17 February 2021
This week's issue features coverage of our report into the key trends from the 2020 AGM season. The issue also includes coverage of ESG related developments including the growing support for the 'say on climate' initiative in Australia and the US as well as coverage of key financial services and risk-related developments and more…
- Time to introduce a 'duty to prevent modern slavery'?
We provide a brief snapshot of the Australian Human Rights Legal Centre's latest report into MSA compliance and its recommendations to the MSA Review.
- Governance News 7 July 2021
This week's issue features coverage of several developments connected with the Hayne Commission including the release of the final report on implementation of the Sedgwick recommendations and the launch of an independent review of the Banking Code. This issue also covers the release of a joint Governance Institue and Aon report on trends in executive remuneration and the Australian Institute of Company Directors' latest report into board gender diversity and more…
- First anti-scam centre 'hit squad' to target online investment scams
Government and regulatory focus on combatting online scams is continuing with the launch of the National Anti-Scam Centre on 1 July and the announcement of plans to convene the first 'time-limited expert taskforce' to target online investment scams.
- Governance News 10 April 2019
This week's issue includes (among other things): coverage of ASIC's latest enforcement report and priorities, coverage of the (Australian) FRC report recommendations for reform of disciplinary and enforcement processes in the audit sector and an overview of the Actuaries Institute's Discussion Paper outlining a proposed approach for better monitoring and overseeing non-financial risk.
- Governance News 24 July 2019
This week's issue features coverage of (among other things) of APRA's consultation on new and more prescriptive remuneration requirements for APRA regulated entities.
- Governance News 27 August 2018
This week's news includes (among other things): a wrap up of the possible open findings arising from the Financial Services Royal Commission hearings into superannuation; and separately, coverage of the findings of a recent study into ASX 200 CEO pay which suggests that Australian CEOs are not necessarily overpaid (in relation to their global peers).
- Hayne implementation: Senate Committee report endorses the FAR and CSLR Bills
Our Key Takeaways from the Committee's final report
- Governance News 28 June 2023
This week's issue has a strong ESG focus. We cover the release of the ISSB's first global sustainability standards – a landmark development for financial reporting. We also cover the Australian government's second round of consultation on implementation of proposed climate disclosure standards. Turning to financial services, we cover the passage of the legislation to establish the long awaited CSLR, ASIC's latest call on general insurers to sharpen their focus on nonfinancial risk in the wake of widespread pricing failures (REP 765), the release by the ALRC of its third (and final) interim report seeking feedback on potential options for reframing Chapter 7 of the Corporations Act and more…
- Governance News 17 September 2018
This issues includes (among other things): coverage of issues raised in Counsel Assisting's opening statement to the Financial Services Royal Commission hearings into Insurance and an overview of some of the case studies considered during the first week and coverage of the new, stronger prudential requirements for PHIs released by APRA.
- Governance News 29 April 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of various COVID-19 developments including: a) the recent clarification of the JobKeeper rules; b) the release of the COVID-19 Safe App and the associated privacy considerations; c) the regulatory response to COVID-19 including the temporary relaxation of certain requirements for the duration of the pandemic; and c) changes to execution requirements.
This issue also features coverage of trends in remuneration and the impact of COVID-19 on CEO pay and developments in financial services including the release of the ACCC's Home Loan inquiry interim report.
- Governance News 19 August 2020
COVID-19 Special Edition: This issue of Governance News covers: a) key COVID-19 related developments including an article on the challenges for employers in managing a global workforce in the 'new normal'; b) meeting-related developments including the ASA's views on virtual meetings and electronic communication with shareholders; c) trends in executive remuneration in Australia, the UK and the US; d) financial services developments; e) recent developments in shareholder activism; and f) the increasing focus globally on climate risk as a financial and liability risk, despite the pandemic.
- ASIC's new immunity policy: What is it? What does it aim to do?
A short overview of the key elements in ASIC's new immunity policy
- Governance News 18 October 2023
This week's issue has a strong financial services focus. We cover several significant developments including the launch of separate consultations on proposed reforms to the regulation of Australian payment systems and the government's proposed framework for regulating digital asset platforms. On the ESG front, the landmark sovereign bond case – O'Donnell v Commonwealth - has settled, NSW is set to legislate emissions reduction targets and more…
- Governance News 9 June 2021
This week's issue features coverage of a Melbourne University study into shareholder ESG resolutions in Australia, the key takeaways from ASIC and APRA's recent Senate Estimates appearances and as well as coverage of other financial services, risk and regulatory developments and more…
- Governance News 8 October 2018
Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. This week's issue includes (among other things) an overview of the Financial Services Royal Commission Interim report and a summary of the policy issues arising in relation to the Insurance hearings. - Independent Review of the Banking Code released
Our key takeaways from the first independent review of the Banking Code of Conduct since the Hayne Commission
- Global report finds that levels of shareholder activist activity increased in Q1 2023 overall (just not in Australia)
Our key takeaways from Insightia's latest analysis of global trends in shareholder activist activity are below.
- Governance News 15 January 2020
This issue of Governance News features coverage of: developments in the UK audit sector, including the release of the Brydon Review; coverage of developments in the financial services sector including ASIC's consultation on draft DDO guidance; and climate risk developments, including coverage of BlackRock CEO Larry Fink's annual CEO letter.
- Governance News 15 May 2019
Governance News provides a weekly wrap up of key governance and risk developments in Australia and overseas. This week's issue features (among other things) coverage of a report into (the lack of) diversity among ASX 200 CEOs.
- Governance News 5 May 2021
This week's issue features coverage of key ESG developments including the outcomes of recent votes on key shareholder resolutions and developments in activist campaigns. The issue also includes coverage of Treasury's consultation on potential changes to the regulation of proxy advisers as well as coverage of APRA's draft remuneration guidance (CPG 511) and more…
- Key trends to emerge from the 2020 AGM season
We provide a high level snapshot of trends from the AGMs of Australia's largest companies (ASX100 listed) over the course of the last five years.
- Governance News 29 November 2023
This week's issue again has a strong ESG focus. Ahead of the planned introduction of a new mandatory climate-risk disclosure regime in Australia next year, the AASB and AUASB have released a joint report tracking trends in climate disclosure by ASX listed companies. On the risk front, APRA has called on boards to prioritise addressing the data risk management gaps identified through a multi-year pilot exercise - the 100 Critical Risk Data Elements (CRDE) Pilot. Separately, a new report from the Governance Institute of Australia into ers' perceptions of how organisations and boards are approaching data governance flags multiple gaps. On the financial services front, Assistant Treasurer Stephen Jones has given an update on the government's approach to the implementation of key QAR reforms, the banks have announced a range of new anti-scam measures and more….
- Governance News 7 February 2024
This week's issue has a strong ESG focus. A raft of shareholder ESG proposals have already been filed ahead of 2024 meetings. Big tech companies are facing multiple human-rights related proposals with a specific AI focus. Meanwhile, shareholder focus on nature-related risk, climate and labour rights issues looks to be continuing. On the financial services front, ASIC and APRA have provided an update on their expectations for banks around compliance with the FAR in the initial months of the regime. Separately, ASIC Chair Joe Longo outlined his perspective on AI regulation and more...
- Mandatory Climate Reporting in Australia | Draft Bill released for consultation
The government has released long-awaited draft legislation for consultation that proposes to establish a mandatory climate reporting regime in Australia. Here's what's in the Bill.
- Legislating COVID-19 measures: Meetings, electronic execution and continuous disclosure changes now before parliament
Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 proposes to temporarily extend until 15 September changes to meeting and electronic execution requirements that otherwise would have expired on 21 March and to make temporary changes to continuous disclosure laws, introduced in response to the COVID-19, pandemic permanent. Our key takeaways are below.
- Targeting predatory lending: ASIC consults on two product intervention orders
Overview of the proposals in CP 355 Product Intervention Orders: Short term credit and continuing credit contracts
- Hayne Implementation: Quality of Advice Review Terms of Reference Released
On 11 March 2022, the government released the final terms of reference for the planned Quality of Advice Review.
- Governance News 1 March 2023
This week we cover the release of a new guide for directors outlining what is known about the new ISSB-aligned reporting requirements set to be introduced in Australia, the questions yet to be determined by government, and the steps boards can take now in preparation. On the financial services ASIC has again underlined its focus on making sure insurers meet their pricing promises. On the risk front, we cover a number of significant cyber-related developments and more…
- Governance News 9 March 2022
This week, regulators have again flagged that they are stepping up their focus on ensuring effective oversight of non-financial risks including climate and cyber risk. We cover ASIC's key corporate governance priorities for the coming year, the ACCC's key priorities and the UK PRA's priorities for the insurance sector. In addition we cover various ESG, financial services and risk-related developments and more…
- Governance News 1 May 2019
Governance News provides a weekly wrap up of key governance and regulatory developments in Australia and overseas. This week's issue features (among other things) coverage of the AICD's latest Director Sentiment Index and board (gender) diversity statistics as well as an overview of ACSI's proposed governance reforms to improve corporate accountability.
- Governance News 28 July 2021
This week's issue covers a report from the UK FRC confirming a causal link between increased board gender diversity and financial performance; a report from ACSI providing early insights into modern slavery reporting by ASX 200 companies; and Blackrock's latest stewardship report. In addition, this issue highlights some of the themes to emerge from submissions in response to APRA's consultation on draft remuneration guidance (draft CPG 511) and separately some of the key concerns/themes to emerge from submissions on the draft Bill that proposes to permanently enable electronic execution of company documents, distribution of meeting-related materials and use of technology in meetings: [exposure draft] Treasury Laws Amendment (Measures for Consultation) Bill 2021: Use of technology for meetings and related amendments.
- ASIC confirms 2023 enforcement priorities
We summarise ASIC's latest insights into its approach to enforcement and outline the regulator's immediate enforcement priorities.
- FAR update | ASIC and APRA release information package
APRA and ASIC will jointly administer the FAR, coordinating closely to streamline reporting through a single portal, APRA Connect, while ensuring consistent monitoring, investigation, and communication regarding FAR compliance and enforcement.
- Governance News 29 June 2022
This week's issue has a strong ESG focus with a particular emphasis on global efforts to develop climate/sustainability reporting standards. Among other things, we cover the FRC's submission on the ISSB's draft global sustainability standards, and the European Council's 'provisional political agreement' on the corporate sustainability reporting directive (CSRD). On the financial services front, we cover the release of Life Insurance Code of Practice, the joint submission from financial services associations to the Quality of Advice Review, ASIC's CCIV guidance and more…
- Governance News 23 October 2019
This issue features, among other things, coverage of recent AGM results, ASIC's TPD review and coverage of Commissioner Danielle Press' recent speech outlining the regulator's priorities foe the insurance sector.
- On hold? Back to pre-COVID execution and meeting requirements (at least for now)
Temporary measures permitting Australian corporations to hold virtual and hybrid meetings, and enabling the electronic execution of documents have expired.
- Governance News 17 July 2019
This week's issue features (among other things) coverage of Cranfield's latest annual FTSE Board report on gender diversity, ASIC's review of consumer credit insurance and AFCA's first six month review report.
- Governance News 14 July 2021
This week's issue covers the UK consultation on possible options to accelerate progress on diversity across the financial services sector, ACSI's latest report into trends in executive remuneration, and a global report into shareholder activist activity. This issue also includes discussion of Treasury's consultation into the redesign of FFSP relief, other financial services developments and more…
- Governance News 14 June 2023
In this week's issue we cover the release of the government's long-awaited response to the Quality of Advice Review. On the ESG front, the ISSB sustainability standards are set to be launched on 26 June, the ASIC Chair has urged firms to prepare now for the expected introduction of new sustainability requirements and the government has included climate risk in APRA's statement of expectations for the first time. Looking further afield, the UK advertising watchdog has taken action to ban several advertisements over greenwashing concerns, Climate Action 100+ has announced it will sharpen its focus on implementation of climate transition plans and more…
- Global report finds Australian companies were the third most targeted by shareholder activists in 2022
Our key takeaways from Insightia's latest annual analysis of global trends in shareholder activist activity are below.
- Governance News 6 September 2023
This week has a strong financial services focus – we cover the passage of legislation to establish the long-awaited Financial Accountability Regime (FAR) which will replace the existing BEAR. We also feature an in-depth overview of the draft Bill that (if legislated) would codify licensing exemptions for foreign financial service providers (FFSPs). On the ESG front, we cover the RBA Deputy Governor's address on climate risk and monetary policy and the AUASB's call for comment on ISSA 5000 and more….
- Governance News 5 November 2018
This week's issue includes (among other things) coverage of a number of submissions in response to the Financial Services Royal Commission's Interim Report as well as APRA's submission in response to the Round 6 hearings (life and general insurance).
- Governance News 10 September 2018
This week's issues: Coverage of APRA Chair Wayne Byres' recent calls for banks to embrace BEAR, coverage of ASIC priorities for the coming year and ASIC's announcement of its FFNS enforcement action against two NAB entities. In addition, this issue includes a summary of the Australian AML/CTF sanctions regime and the implications for Australian businesses.
- APRA supervisory and policy priorities for H1 2024 released
GRCA, operational resilience, climate and cyber included among APRA's top supervision and policy priorities for the next six months.
- What does it take to ensure a respectful working environment?
An expert panel discussed the challenges of tackling the issue of workplace sexual harassment and provided some practical insights into the steps organisations and boards could consider to accelerate progress.
- Governance News 10 May 2023
This week's issue again has a strong ESG focus. We cover the several significant votes on Climate Action 100+ shareholder proposals, and closer to home, we recap key climate announcements in the 2023 Federal budget. On the financial services front, we cover the release of ASIC Report 762 – ASIC's initial assessment of how investment product issuers have met their DDO obligations and more...
- Governance News 4 December 2019
Governance News provides a weekly wrap up of key governance, risk and regulatory developments including progress towards implementation of the Financial Services Royal Commission recommendations.
- Governance News 1 December 2021
This issue includes coverage of several significant financial services and regulatory developments including the launch of the inaugural review of ASIC by the new regulator oversight body, the Financial Regulator Assessment Authority. This issue also covers several key ESG developments including the release of ASIC's final climate risk management guidance (CPG 229) and more…
- Governance News 3 February 2023
This week's issue has a strong ESG focus. We cover the wave of shareholder climate proposals already filed this year targeting US financial institutions. We also cover the uptick in the volume of 's' proposals focused on a range of issues around reproductive healthcare and more…
- Governance News 2 February 2022
This week's issue includes an overview of APRA's supervisory and policy priorities for the next 12-18 months as well as the regulator's opening statement and submission to the Committee inquiring into the Bills that will implement the proposed FAR and CSLR. In addition, this issue includes coverage of the concerns raised by the Senate Committee about new regulations introducing various proxy reforms and more…
- Governance News 25 January 2022
In the first issue of Governance News for 2022, we cover the government's new proxy reforms, BlackRock CEO Larry Fink's annual letter to CEOs and various key financial services related developments including the draft terms of reference for the planned Quality of Advice Review as well as an overview of the proposed foreign licensing exemption regime and more…
- Governance News 7 June 2023
This week's issue has a strong ESG focus. In his address to the AFR ESG Summit this week, ASIC Chair Joe Longo again underlined ASIC's continued focus on tackling greenwashing (and issued a warning to companies against greenhushing). Looking to the US, new analysis confirms the volume of shareholder proposals continues to increase, but support is down on last year with the sharpest drop in support for environmental proposals. On the financial services front we cover the release of the government's five point plan for the overhaul of Australia's payment system and the launch of two new consultations under the plan, we also cover ASIC's latest DDO enforcement actions and the findings from the regulator's review of BNPL DDO compliance and more….
- Governance News 21 July 2021
This week's issue has a strong financial services focus and covers several significant developments connected with the Hayne Commission including (among others) the consultation on draft legislation proposing to implement the long-awaited Financial Accountability Regime (FAR) and separately, the consultation on the government's proposed approach to establishing a Compensation Scheme of Last Resort (CSLR).
This issue also includes coverage of other key financial services, regulatory, risk and ESG developments and more…
- Whistleblower reform | New report offers suggested blueprint for a central Whistleblower Protection Authority
A new report puts forward ten suggested design principles to underpin the establishment of a central, standalone Whistleblower Protection Authority (WPA). The report seeks to push the conversation forward from why we need a WPA to what a WPA should look like.
- Governance News 29 March 2023
This week's issue has a strong ESG focus. We cover the progress of a number of shareholder ESG proposals and the release of BlackRock's engagement priorities for 2023. In Australia we cover the announcement of an agreement to pass the government's Safeguard Mechanism (Crediting) Amendment Bill 2022 (with amendments) and the passage of the National Reconstruction Fund Corporation Bill 2022. On the financial services front, we cover several key speeches from the AFR Banking Summit, provide and update on the CSLR Bills and more…
- Governance News 18 May 2022
This issue features coverage of the Governance Institute of Australia's latest Diversity Index as well as a number of significant ESG-related developments including BlackRock's recent update on its stance on climate-related shareholder resolutions and a wrap up of recent significant climate votes. The issue also includes our key takeaways from the Regulators' panel session at the Governance Institute Forum 2022, as well as key financial services developments and more…
- Governance News 28 August 2019
This week's issue features (among other things) coverage of progress towards implementing the Hayne Commission's recommendations (including consultation on proposed draft legislation to implement a best interests duty for mortgage brokers, and broker remuneration reform).
- Governance News 16 June 2021
This week's issue includes our key takeaways from a recent panel discussion on tackling workplace sexual harassment. The issue also features coverage of several key financial services developments including recent FFSP developments and more…
- Governance News 23 November 2022
This week's issue includes coverage of several significant ESG and risk-related developments including: calls for the introduction of a new 'duty to prevent modern slavery' into the MSA, our key takeaways from the Governance Institute's latest Ethics Index and coverage of sessions from the Governance Institute of Australia's Public Sector Forum. On the financial services front we provide an overview of the government's options paper on BNPL reform and more…
- COVID-19: Virtual AGMs and electronic execution given the nod
Temporary measures provide companies with legal certainty on virtual AGMs and electronic execution during the COVID-19 health crisis. - National survey finds directors want action on climate
Key takeaways from the latest Australian Institute of Company Directors (AICD) bi-annual Director Sentiment Index
- Have institutional investors changed their tune on supporting ESG shareholder proposals?
Research suggests that a marked shift in the voting behaviour of institutional investors is pushing the level of support for shareholder ESG resolutions to record levels.
- Governance News 11 December 2019
Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas with a focus on the financial services sector. This week's issue features coverage of the release of ASIC's updated guidance on responsible lending, ASIC's focus areas for 31 December 2019 financial reporting, the release of APRA's Mysuper heatmap, former Commissioner Kenneth Hayne's address to the Centre for Policy Development on the legal obligation to manage/report on climate risk, and the release of a new Davos Manifesto repudiating the shareholder primacy model.
- Governance News 18 March 2020
This week's news features coverage of: a) ASIC's latest enforcement actions; b) BNPL provider Afterpay's settlement with a US regulator; c) developments in shareholder activism; and d) coverage of actions being taken by business, government and by regulators to respond to the COVID-19 threat.
- Governance News 26 June 2019
This week's issue features among other things, coverage of APRA's Geoff Summerhayes' latest speech on climate risk; APRA's new guidance to assist firms in managing cyber risk; updates on the government's planned agenda for superannuation reform; and insights into the impact of the recent decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20.
- Do Australian directors need a climate reporting 'safe harbour'?
New legal advice opines that directors should not face increased liability risks under ISSB-aligned standards and should not need any kind of ‘safe harbour’ from liability for forward-looking climate disclosures, including Scope 3 disclosures. We break down the key points and offer some reflections on the implications.
- Governance News 11 November 2020
In this issue we cover key ESG and climate related developments including the UK government's announcement that will roll out mandatory TCFD reporting to large companies and financial institutions by 2025 and the growing support for the IFRS consultation on the development of international sustainability standards. We also cover key financial services developments including the consultation on the proposed overhaul of responsible lending laws, regulatory and risk-related developments and more…
- ACCC outlines what businesses need to do to avoid greenwashing in new draft guidance
The ACCC has released updated and more detailed draft guidance for business on what it considers they need to do to avoid greenwashing, in line with existing legal requirements. Here's what you need to know.
- Why and how boards should be prioritising nature-related risk
Key takeaways from an expert panel discussion.
- Governance News 10 December 2018
This week's issue includes, among other things, coverage of APRA's enforcement actions against IOOF entities, executives and directors; coverage of the second week of the Financial Services Round 7 hearings and updates on various legislative developments including the passage of the Superannuation Guarantee Bill through the Senate and the introduction of the energy divestment Bill.
- At risk of falling behind or even obsolescence: Governance Institute calls on boards to prioritise technology skills renewal
The Governance Institute of Australia has released a report highlighting how boards are currently tackling technology challenges, where (some) boards risk falling behind and how and why they can and should strengthen their approach. Our key takeaways are below.
- Governance News 2 September 2020
COVID-19 Special Edition
This issue of Governance News covers: a) key COVID-19 related developments including a discussion between MinterEllison Managing Partner Annette Kimmitt and ANZ CEO Shayne Elliott about the role purpose can play in the COVID-19 era; b) ESG and climate related developments including the launch of the UK government's consultation on the imposition of new climate risk governance and TCFD reporting requirements on certain pension schemes; c) various financial services and regulatory developments including the release of ASIC and APRA's updated corporate plans and recent enforcement actions; d) the release of the ALRC's final report into corporate criminal responsibility and more.
- (Still) time for business to prioritise ethics: The latest annual Ethics Index
Our key takeaways from the Governance Institute of Australia's 2021 Ethics Index and some points of comparison with the 2020 Index.
- Governance News 27 October 2021
This week's issue includes coverage of significant financial services and regulatory developments and includes an update on progress towards implementation of the 76 Hayne Recommendations. The issue also covers other key risk and ESG developments and more…
- Still 'too male, too pale and too stale': Report finds ASX 300 boards are still lagging on diversity
Governance Institute, Watermark Search International report: 2023 Board Diversity Index
- Tracking progress against each of the Hayne Commission's 76 recommendations
An outline of the actions taken to date and/or the planned actions to be implemented in response to each of the Commission's 76 recommendations.
- Tightening BNPL regulation: BNPL products to be regulated as credit products
Following consultation on potential options to strengthen BNPL consumer protections, the government has announced next steps. Our key takeaways are below
. - Key takeaways from the CEW's Senior Executive Census 2021
Time for gender targets? Report finds progress towards gender-balanced ership is unlikely to gain ground without a change in approach
- Director IDs: What directors need to know now
Eligible directors and those wishing to apply before their appointment are now able to submit an application for a Director Identification Number (Director ID).
- MinterEllison advises Clanwilliam on acquisition from Telstra Health
MinterEllison advises global healthcare technology and services group Clanwilliam on acquisition from Telstra Health.
- New report offers insights into how Australian boards are thinking about and acting on climate
Where does climate risk sit in Australian directors' list of priorities? How are boards responding to the challenge? What do directors consider are the main barriers to action? These are some of the questions addressed in a new report from the AICD and Pollination for the Climate Governance Initiative Australia. Here are our key takeaways.
- Governance News 22 April 2020
COVID-19 Special Edition
In this special COVID-19 edition of Governance News, we feature coverage of: a) directors' insurance and liability risk and the challenges facing directors in this context; b) the announcement that the ACCC will develop a mandatory Code for Digital platforms; c) the global impact of the pandemic on shareholder activist activity; d) key regulatory developments including ASIC's latest update on its adjusted regulatory work in light of COVID-19; and e) coverage of developments in the financial services sector including ASIC's action against Youi (Hayne Commission referral).
- Governance News 26 May 2021
This week's issue reports on various ESG developments including coverage of research identifying the marked change in the voting behaviour of institutional investors as the main driver behind the record levels of support for shareholder ESG resolutions so far this year. This issue also covers key financial services, risk and regulatory developments and more…
- How to build better financial services boards?
What skills and capabilities should be represented on the boards of banks and insurers? What skills and capabilities are required to avoid a recurrence of the issues identified by the Hayne Commission? The Actuaries Institute has released a paper discussing these questions and putting forward a suggested approach aimed at strengthening board appointment and nomination processes. Our key takeaways are below.
- Governance News 18 September 2019
Governance News provides a weekly wrap up of key governance, risk and regulatory developments in Australia and overseas. This week's issue includes (among other developments): coverage of ACSI's latest CEO pay survey; Equilar's latest gender diversity index; key findings of ISS' latest benchmarking policy survey, consultation on five draft Bills proposing to strengthen ASIC's enforcement and supervision powers; ASIC's second update on implementation of the FSRC recommendations, CEDA's Australia Company Pulse 2019 and ASIC's first use of its new product intervention power.
- Governance News 10 March 2021
This issue includes: a) coverage of several reports into the progress being made toward gender parity on boards and more broadly in both the Australian and global contexts; b) coverage of several reports into the key ESG and other issues likely to be top of mind for investors heading into the 2021 proxy seasons; c) updates on recent activist campaigns; d) coverage of Lord Hill's much anticipated UK Listing Rules Review; e) recent regulatory and financial services related developments including ASIC's new 'express investigation' approach to enforcement and more...
- Tighter rules for proxy advisers? The government is seeking views on potential changes
A short overview of the changes being considered and initial response to the consultation.
- Consultation on draft legislation to establish the Financial Accountability Regime
The government has released long awaited draft legislation that will establish the Financial Accountability Regime. We provide an overview and discussion of the key measures.
- What does the calling of the Federal Election mean for the FAR and CSLR Bills?
When the 46th parliament was dissolved the package of legislation to enact the proposed FAR and CLSR regimes had yet to pass either House. We discuss the implications.
- APRA Deputy Chair reminds boards that GCRA should be a continuing focus (including DEI)
Key takeaways from APRA Deputy Chair Helen Rowell's address to the Governance and Risk Management Forum 2023
- Operational risk, cyber risk and climate risk flagged as key areas of focus in APRA's latest Corporate Plan
The Australian Prudential Regulation Authority (APRA) has released its 2023-24 Corporate Plan. Our key takeaways are below.
- ASIC calls on general insurers to sharpen their focus on nonfinancial risk in light of ongoing 'systemic pricing failures'
ASIC REP 765 reiterates calls on all general insurers to be proactive in their approach to nonfinancial risk and in particular, to sharpen their focus on 'good product governance' in light of ongoing failures by industry to deliver on pricing promises to customers.
- Governance News 24 September 2018
In this issue: ASIC Report 593 urges directors to report climate risks, aligning with legal duties. ASIC's final call to financial firms warned of legal breaches for missing the AFCA membership deadline on 21 September. ASIC's instrument allows extended notification but not AFCA joining period. Deputy Chair Peter Kell resigns from ASIC after seven years, effective 6 December 2018, as announced by Treasurer Josh Frydenberg.
- Governance News 2 November 2022
Climate disclosure is a key theme in this week's issue. We cover ASIC's first greenwashing enforcement action, the FCA's proposed anti-greenwashing rules and more. On the financial services front, we cover ASIC's first report on the new Reportable Situations Regime (REP 740), the findings of APRA's Insurance Risk Management Review and more…
- Governance News 12 June 2019
Governance News provides a weekly wrap up of key governance and regulatory developments in Australia and overseas. This week's issue includes (among other things) coverage of Bank of England Executive Director James Proudman's speech on the governance implications of AI in the financial services sector; the release of the TCFD's second status report on climate disclosure practices and APRA's renewed call on insurers to take a proactive approach to risk preparation/recovery planning.
- MinterEllison teams with Latham & Watkins on Aēsop sale to L’Oréal
MinterEllison has acted as Australian and New Zealand legal advisor to L'Oréal on its acquisition of Melbourne-based skincare group Aēsop for AUD$3.7 billion. The deal is the largest for any luxury brand in Australia.
- Governance News 10 August 2022
This week we cover the findings of APRA's voluntary climate survey, the key priorities flagged by APRA in its latest corporate plan, the release of the Terms of Reference for the Review of the ASIC Industry Funding Model, the RBA's announcement that it will trial a central bank digital currency and ASIC's roll out of updated guidance and a new information on the Financial Services Credit Panel and more…
- Cybersecurity and risk culture among APRA's top priorities for the year ahead
APRA has outlined its supervisory and policy priorities for the next 12 to 18 months. A high level summary of some of the regulator's key areas of focus and planned actions is below.
- Meeting and execution requirements. Permanent changes
A brief recap of current temporary relief measures now in place and an overview of proposed permanent reforms that if legislated in their current form would permanently enable the use of technology in signing and executing documents and holding meetings
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