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Articles by Steven Fleming
Substantial Strengthening Of Australia's Foreign Bribery Laws: Are Your Procedures Up To Scratch?
The Situation: The Australian Federal Parliament has passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 ("Act"), some six years after a bill to create a 'failure to prevent' foreign bribery offence was first introduced. The Result: The Act comes into effect on 9 September 2024. It introduces a new criminal offence, wherein a company's employee or 'associate' bribes, or facilitates the bribery of, foreign government officials.
Substantial Strengthening of Australia's Foreign Bribery Laws: Are Your Procedures up to Scratch?
In Short The Situation: The Australian Federal Parliament has passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 ("Act"), some six years after a bill to create a 'failure to prevent' foreign bribery offence was first introduced. The Result: The Act comes into effect on 9 September 2024. It introduces a new criminal offence, wherein a company's employee or 'associate' bribes, or facilitates the bribery of, foreign government officials.
New Global Enforcement Regime: UK Signs Up to 2019 Hague Convention
In Short The Situation: On January 12, 2024, the United Kingdom signed up to the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("Hague 2019"). The Result: The United Kingdom's prospective ratification of Hague 2019 will facilitate the mutual recognition and enforcement of judgments across the world (but, in particular, in Europe).
National Anti-Corruption Commission Commences Operations
In Short The Situation: While Australia has had anticorruption bodies with broad-ranging powers at the state and territory level for some years, until recently, there was no equivalent body at the federal level. This has changed with the establishment of Australia's first National Anti-Corruption Commission ("NACC"), which commenced operations on 1 July 2023.
Bank Guarantees In Australia: As Good As Cash?
In Short The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case turned on the meaning of the bank guarantee clause in the construction contract, which entitled the principal to make a demand on the bank guarantees to meet a 'bona fide claim' arising out of or in connection with the contract.
Australia-U.S. Cooperation In Criminal Cases
To print this article, all you need is to be registered or login on Mondaq.com. U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States-even without having offices or any physical presence in the United States-have the potential to appear on the radar of U.S. enforcement authorities.
Australia Obtains First "Misuse of Market Power" Settlement Under Amended Competition Law | Lexology
Australia's competition authority settles allegations that port operator misused its market power. The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the Competition and Consumer Act ("CCA"), amended in 2017, that prohibits "misuse of market power" (detailed in this Alert).
Australia Obtains First
To print this article, all you need is to be registered or login on Mondaq.com. Australia's competition authority settles allegations that port operator misused its market power. The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the Competition and Consumer Act ("CCA"), amended in 2017, that prohibits "misuse of market power" (detailed in this Alert).
ASIC Releases New Immunity Policy For Market Misconduct
To print this article, all you need is to be registered or login on Mondaq.com. In Short The Situation: In February 2021, the Australian Securities and Investments Commission ("ASIC") published a new policy which provides immunity to individuals from the market misconduct provisions in Pt 7.10 of the Corporations Act 2001 (Cth) ("the Act") when certain pre-conditions are met.
Expert Determination Clauses: A Tailored Alternative For Construction Projects?
Australia: Expert Determination Clauses: A Tailored Alternative For Construction Projects? 01 April 2021 by James Ebert and Steven Fleming Jones Day Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In Short The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes.
Amendments To Queensland Security Of Payment Legislation
To print this article, all you need is to be registered or login on Mondaq.com. The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject of scrutiny and review, resulting in the recent passage of the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 (Qld) ("BIFOLA Act").
The Future Direction Of Corporate Criminal Responsibility In Australia - Criminal Law - Australia
To print this article, all you need is to be registered or login on Mondaq.com. INTRODUCTION In recent years, there has been a growing focus by the Australian Government on corporate misconduct following the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry ("Financial Services Royal Commission"), which published its Final Report in February 2019.
Australia: A Safe Haven for Enforcement of ICSID Awards | Lexology
Australia, Global
March 5 2020 A recent decision in Australia opens the door for recipients of investor-state awards to enforce the award in that country. In 2019, companies incorporated in England, Luxembourg and the Netherlands were awarded €229 million against the Kingdom of Spain in an investor-state arbitration. On 24 February 2020, the Federal Court of Australia enforced the arbitral awards. How did that happen?
ALRC Proposes Significant Reforms for Australia's Corporate Criminal Liability Regime | Lexology
Australia
December 21 2019 In Short The Situation: The Australian Law Reform Commission ("ALRC") has released its much anticipated Discussion Paper on Australia's corporate criminal responsibility regime, which provides the ALRC's preliminary views in relation to some key areas of proposed reform.
Changes Ahead for Australia’s Corporate Criminal Liability Regime | Lexology
Australia
November 14 2019 The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The ALRC is due to release a discussion paper on proposed reforms shortly.
Utopia: seriously, good urban planning should aspire to it
The Australian television satire Utopia invited the public along for a laugh that architects and planners have been sharing for decades. We laugh at the idea of utopia to disassociate ourselves from the disasters brought on by utopian visions. Le Corbusier’s is perhaps the most famous. He dreamt of people living in racks of council flats rather than old building stock on the ground.
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