Evelyn Park

Oct 28, 2024 | lexology.com | Jonathon Ellis |Jonathan Tay |Evelyn Park

On 25 September 2024 the Federal Court of Australia ordered Vanguard Investments Australia (Vanguard) to pay a pecuniary penalty of $12.9 million for making misleading claims about environmental, social and governance (ESG) exclusionary screens. This decision against Vanguard marks the Court’s highest penalty imposed for greenwashing conduct to date.

Sep 12, 2024 | twobirds.com | James Hoy |Emma Croft |Jonathan Tay |Evelyn Park

Authors: Julie Cheeseman, James Hoy, Emma Croft, Jonathan Tay, Evelyn Park and Ruby SimpsonOn 12 September 2024, the Australian Government introduced the Privacy and Other Legislation Amendment Bill 2024 (Bill) to the House of Representatives containing the first tranche of long-awaited reforms to the Privacy Act 1988 (Cth) (Privacy Act).

Jun 12, 2024 | lexology.com | Julie Cheeseman |Evelyn Park

In our second article of the ‘Reflections on the Lehrmann trial’ series, we discuss the Federal Court of Australia’s prevailing consideration for procedural fairness in the cross-examination of witnesses. This was demonstrated in two examples, where the Court considered whether:it would be ‘just’ to limit the cross-examination of a witness subject to them being questioned by more than one counsel; andan exception to credibility evidence being inadmissible had been satisfied.

Jun 6, 2024 | lexology.com | Hamish Fraser |Julie Cheeseman |Emma Croft |Evelyn Park

On 3 June 2024, the Australian Prudential Regulation Authority (APRA) wrote to all APRA-regulated entities to emphasise its expectations regarding cybersecurity, specifically relating to data backups and protection against data loss. APRA called for businesses to promptly review and address gaps in any practices which could impede system restoration during the restoration phase of a cyber incident.

Nov 22, 2023 | lexology.com | Jonathon Ellis |Evelyn Park |Henry Wrench

ASIC has announced its enforcement priorities for 2024 – and there are a few notable changes from last year. While many of ASIC’s priorities remain the same each year (including its enduring priorities), the table below sets out the new additions to the list, and the priorities that have been cut. In particular, businesses in the ($3.5 trillion) superannuation and ($58 billion) used car industries should expect much closer scrutiny from ASIC next year.