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Articles by Danielle Briers
Adopt, adapt, improvise – The new regulatory approach? | Herbert Smith Freehills | Global law firm
Insight Global Reports and highlights - By 4m read Faced with novel issues and keenly aware that the slow process of regulatory and/or legislative change can fall short of consumers' and others' expectations, financial services regulators have begun to re-examine their existing tools and powers. When the perfect tool for the job is not available, something else in the toolkit may be pressed into service.
LPP: The Legal Privilege Podcast
Click here to listen to the audio. Our Australian dispute resolution experts present LPP: The Legal Privilege Podcast, where we unpack the tricky concept of legal professional privilege (LPP) and apply some key principles to practical scenarios.
LPP – The Legal Privilege Podcast: EP2 Preserving Privilege Throughout An Investigation - Arbitration & Dispute Resolution - Australia
What types of activities and documents created in an investigation might attract a claim for legal professional privilege? We revisit our hypothetical whistleblower investigation and discuss the steps recommended to preserve privilege during an investigation, including in the context of Board reports.
Austrac v Crown judgment: key points of interest for reporting entities in Australia’s anti-money laundering / counter-terrorism financing regime
The Federal Court of Australia has approved a settlement between AUSTRAC and both Crown Melbourne and Crown Perth (Crown), resulting in a $450 million penalty for breaches of the (the Act). This case contains many points of interest for reporting entities and highlights the criticality of robust risk assessment and meaningful Board/senior management oversight in AML/CTF programs.
AUSTRAC v Crown judgment: Key points of interest for reporting entities in Australia’s Anti-Money Laundering / Counter-Terrorism Financing regime
KEY POINTS On 11 July 2023, the Federal Court of Australia handed down its judgment in CEO of AUSTRAC v Crown Melbourne Limited & Anor [2023] FCA 782. Justice Lee of the Federal Court approved the settlement reached between Crown and AUSTRAC, including a penalty figure that the parties had calculated at $450 million, based on breaches of ss 36 and 81 of the Act, although seemingly not without some considerable hesitation.
Legal Professional Privilege: Communicating With Opponents While Preserving Privilege - Corporate/Commercial Law - Australia
Australia: Legal Professional Privilege: Communicating With Opponents While Preserving Privilege 29 March 2022 by Graeme Johnson and Danielle Briers Herbert Smith Freehills Co-authored by Jedda Elliott This article is part of our Legal Professional Privilege in Australia series where our regulatory and disputes specialists have developed a suite of resources to provide practical guidance on common questions and scenarios when dealing with LPP in Australia.
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice | Lexology
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws (RG 209), which landed on 9 December 2019 and is another significant development in the understanding of these laws. This follows an extensive consultation process, with ASIC receiving more than 70 responses to its consultation paper of February this year (CP 309) and conducting public hearings for the first time in more than 15 years.
Expert determination clauses - when will they be enforceable to prevent court proceedings? | Lexology
An expert determination clause might not keep you out of court, so parties must ensure their contract terms are precisely worded to prevent (or protect) a right to litigate. Expert determination is an increasingly popular method of resolving disputes without the need for lengthy, costly and public litigation. However parties should not assume that the presence of an expert determination clause in their contract will mean that all court proceedings will be stayed unless the clause is complied with.
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