Jonathan Tay

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 16, 2024 | lexology.com | Jonathon Ellis |Jonathan Tay |Henry Wrench

ASIC has recently published an enforcement and regulatory update for the first half of 2024. We considered ASIC 2024 enforcement priorities last year and have been tracking ASIC’s enforcement action, especially concerning crypto-assets and greenwashing. This article takes a quick look at ASIC’s recent update on these issues. As always, please reach out if there is any aspect of this update we can discuss further with you.

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).

Sep 11, 2024 | lexology.com | Jonathon Ellis |Jessica Laverty |Jonathan Tay

Our team earlier this year published an article on the new offence of failing to prevent foreign bribery and the corporate defence to the offence if a company can show it had ‘adequate procedures’ in place to prevent the commission of foreign bribery by its associates. The Department of Attorney-General (DAG) has recently published final guidance on what steps corporations can to ensure it has ‘adequate procedures’ in place.

Jul 11, 2024 | lexology.com | Jonathon Ellis |Jonathan Tay

The Full Court of the Federal Court of Australia determined in a recent decision that the Federal Court has the power to make a Solicitors’ Common Fund Order (“SCFO”) in class action proceedings which open the door for class actions plaintiff lawyers to receive a contingency fee – i.e., a percentage from a class actions settlement or judgment.