I have acted for many of Australia's major insurers, reinsurers and brokers on landmark acquisitions, demutualisations and restructures and had the lead role in some of Australia's largest Court approved schemes for the transfer of insurance portfolios.

My other passion is for corporate governance. As the head of MinterEllison's Corporate HQ Advisory area, and as a Fellow of the Governance Institute of Australia, I enjoy my work training clients on directors' duties and governance issues, especially as they affect banks, insurers and other regulated financial institutions, health and aged care organisations and educational institutions.  

Career highlights

• Demutualisation and listing of AMP Limited
• Sale by Aviva of CGU to IAG
• Purchase by IAG of Wesfarmers insurance business in Australia and New Zealand
• Acquisition by Medibank of health insurer ahm (scheme and demutualisation)
• Advising ASIC on transfer of market supervision responsibility from ASX
• Advising EnergyAustralia on the NSW Government's retail electricity disposal project
• Purchase by Zurich of the Macquarie life business
• Numerous Part 9 life insurance portfolio transfers for insurers including AMP, Zurich and AXA
• Numerous Division 3A general insurance portfolio transfers for insurers including Suncorp, QBE and IAG
• Leading the legislative and regulatory work streams for the highly successful privatisations of ports in NSW, Victoria and the Northern Territory
• Acquisition by Retirement Villages Group of Zig Inge retirement village portfolio in Australia and NZ

Education
BA, LLB (Hons), LLM

• Law Council of Australia, Business Law Section, Corporations Law Committee
• Australian Institute of Company Directors; FGIA and FANZCN

• The 'Next Normal': Climate Change Risk Governance in a Pandemic Age - Part 1

  By Mark Standen, Ellie Mulholland, Josh Dellios |May 2020

• The 'Next Normal': Climate Change Risk Governance in a Pandemic Age - Part 1

  By Mark Standen, Ellie Mulholland, Josh Dellios |May 2020

• 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

• Responsible lending: The government has announced plans to overhaul responsible lending obligations
  

  Below is our summary of the key takeaways from the government's 25 September announcement outlining proposed changes to responsible lending requirements.  

• ASIC has commenced proceedings against NAB
  
• 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…

• COVID-19: Directors and companies to be temporarily insulated from 'opportunistic class actions'
  

  Overview: Corporations (Coronavirus Economic Response) Determination (No 2) 2020

• 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
  

  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 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 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…

• 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.

• 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…

• Audit reform: UK regulator sets parameters and timeline for the big four firms to (operationally) separate their audit practices
  

  Snapshot: FRC Operational Separation Principles July 2020

• 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…

• Audit Inquiry update: Interim report released
  The Parliamentary Joint Committee on Corporations and Financial Services Inquiry into the regulation of auditing in Australia has released an interim report which makes ten 'substantive policy recommendations' to raise audit quality standards ahead of the release of the final report in September.
• 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.

• Mandatory climate risk governance and TCFD reporting requirements for pension funds: UK government consultation launched
  

  Overview: DWP consultation on plans for the proposed roll out of new climate governance and reporting requirements for occupational pension schemes

• Governance News 22 May 2019
  

  Governance News provides weekly summaries of key governance, risk and regulatory developments in Australia and overseas.  This week's issue includes (among other things): 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; and an article providing insights into how financial report preparers can prepare to meet new expectations concerning the disclosure of the financial impacts associated with climate change.  

   

• FSRC Final Report: Mortgage broking implications
  

  Our team provides expert analysis on the Financial Services Royal Commission Final Report's implications for mortgage broking.

• Governance News 23 July 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• Governance News 18 June 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.
  In addition, this issue includes insights from MinterEllison's climate governance team into the steps issuers, their advisors and individual officers can take to guard against claims for mising climate-related fundraising disclosures.  

   
• 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…

• APRA says weaknesses identified in the CBA report are not unique to the CBA
  

  Report Overview | APRA Information Paper: Self-assessments of governance, accountability and culture

  The Australian Prudential Regulation Authority (APRA) has released an information paper presenting the results of its own analysis of the self-assessments undertaken by 36 financial institutions (banks, insurers and superannuation funds) in response to the regulator's request that they assess whether the weaknesses uncovered by the CBA Prudential Inquiry also exist in their own organisations.  A high level overview is below.

   
• Updated responsible lending guidance released
  The Australian Securities and Investments Commission (ASIC) has released updated responsible lending guidance (RG 209) with the aim of clarifying responsible lending expectations.  
• 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…

• Governance News
  

  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.

• Reforms needed to clarify corporate criminal liability
  

  Recommendations have been made to reform corporate criminal liability to provide greater clarity and understanding of this complex area of law. Our team provides their insights to UNSW's Centre for Law Markets and Regulation (CLMR).

• The Federal Court has found certain standard form contract clauses to be unfair, ASIC has called on insurers to take note
  

  Case Note: Australian Securities and Investments Commission v Bendigo and Adelaide Bank Ltd [2020] FCA 716

• AICD report finds most directors support a rethink of the pre-pandemic economic agenda
  

  Overview: AICD report, The governance impact of COVID-19

  
  
• 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

• PRA sets expectations for managing climate risk
  

  The Prudential Regulation Authority (PRA) expects banks and insurers to have 'fully embedded their approaches to managing climate-related financial risks by the end of 2021'.

• DPA scheme? Combatting Corporate Crime Bill introduced (again)
  Overview | Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 and the consultation on draft guidance
• 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…

• Best to be cautious? High Court decision on the operation of s260A and what constitutes financial assistance
  Casenote | Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33
• Not wedded to the 50% cap on financial metrics? APRA Chair Wayne Byres has said that the regulator is considering other options
  

  APRA Chair Wayne Byres has given a speech to the Women in Banking and Finance Series Luncheon, entitled Remuneration: reactions and responses, providing an update on the remuneration consultation.

   

• 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.  
• Consultation on DDO guidance: A customer-centric approach to DDO is required
  An overview of ASIC Consultation Paper 325 Design and Distribution Obligations (CP 325)
• Proposed overhaul of responsible lending obligations: Draft legislation released for consultation
  

  The government is consulting on draft legislation that proposes to implement major changes to consumer credit laws, including rolling back existing responsible lending requirements.  Our key takeaways are below.

• UK to mandate TCFD reporting 
  

  The UK Chancellor has announced plans for the progressive roll out of mandatory TCFD reporting for large companies and financial institutions by 2025.  

• 'Regulation as better': ASIC's Acting Chair outlines ASIC's regulatory stance
  

  In her recent keynote address to the AFR Banking and Wealth Summit, ASIC Acting Chair Karen Chester spoke about ASIC's regulatory stance and current focus and how this will support Australia's economic recovery.  Our key takeaways are below.   

• Time to reset financial services sector ‘moral compass’
  

  Genuine opportunities for positive change from Hayne Banking Royal Commission says MinterEllison. 

  Following its exhaustive review of Australia’s financial services sector, and analysis of the 1000+ page document by the Federal government over the weekend, the Report of the Hayne Royal Commission was handed down yesterday.

• Governance News 19 June 2019
  

  Governance News provides summary of key governance and risk developments in Australia and overseas.  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 9 July 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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. 

• Five out of six? Financial Services Royal Commission Recommendations
  

  A status update on the government's progress toward legislating six Financial Services Royal Commission Recommendations by the end of 2019.

• ASIC's appeal against the Wagyu and Shiraz responsible lending decision has failed
  

  Case note: Australian Securities and Investments Commission v Westpac Banking Corporation [2020] FCAFC 111. The Full Federal Court has dismissed ASIC's appeal against the 'Wagyu and Shiraz' decision and ordered the regulator to pay the bank's costs.

• Larry Fink's annual letter 2021: Tell us how you are moving to net-zero
  

  A key message in the letter is the urgent need for investors to have access to both better information about how companies are preparing and planning for the physical risks associated with climate change and their plans for adapting to the global economy's transition to net-zero by 2050. 

• 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…

• ASIC maintains a high level, flexible approach to the product intervention power
  

  Overview of RG 272 Product Intervention Power

• A 'roadmap for improvement': Key takeaways from TCFD's third status report
  

  The TCFD's third status report welcomes the fact that adoption of the TCFD recommendations is on the road to becoming mainstream, but the report also makes clear that significant challenges remain.  

• 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 7 August 2019
  

  Governance News provides weekly summaries of key governance, regulatory and risk developments in Australia and overseas.

  This week's issue features (among other things) 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.  

• Reframing chapter 7 of the Corporations Act? ALRC corporations and financial services regulation review announced
  

  The ALRC has been tasked with conducting a three stage review of the legislative framework for corporations and financial services regulation. The final report is due 30 November 2023.

• 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.

• Adjusting to the changed environment: APRA has released an updated corporate plan
  

  Snapshot: The key priorities outlined in APRA's Corporate Plan 2020-24

• 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
  Governance News provides summaries of recent governance and regulatory developments in Australia and overseas.  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.  
• 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…

• FSRC Final Report: Implementing cultural change
  Our team analyses the Financial Services Royal Commission Final Report's recommendations on implementing cultural change.
• 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…

• BlackRock CEO Larry Fink's Annual Letter 2020: 'Climate risk is investment risk'
  

  BlackRock Inc has released its chairman and CEO Larry Fink’s 2020 annual letter to CEOs. The necessity of managing, planning for and reporting sustainability risk, and more particularly, climate risk is the theme.

• Governance News 12 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) 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. In addition, this issue includes 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 12 June 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• Governance News 20 March 2019
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  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 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.  

   
• Governance News 16 April 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.

• 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).  
• Governance News 14 August 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): 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…

• 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….

• Governance News 6 August 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  This week's News includes (among other things) 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…

• FSRC Final Report: Lending implications
  In the FSRC Final Report, 'Apply the law as it stands' does not tell not the full story.
• It is apparent that urgent change is required': ASIC's review of TPD insurance released
  

  Report Overview | ASIC Report 633 Holes in the safety net: A review of TPD insurance claims (REP 633)

  ASIC's review of total and permanent disability (TPD) insurance identifies 'significant industry-wide problems with the design of total and permanent disability (TPD) insurance and the claims handling process and calls on insurers and superannuation trustees to take 'urgent' action to raise standards. 
  However, the FSC has queried whether the findings remain current.  According to The FSC, the 2018 data 'tells a very different story'.  

• 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.  

   
• 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….

• 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…

• Executive remuneration, cybersecurity and climate risk 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.  

• 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.
• 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…

• The path to board diversity (in all its forms)?
  

  An expert panel discussed the value of board diversity 'beyond gender diversity', and the barriers to progress and gave some practical insights into the steps boards could consider to accelerate progress and reap the benefits.

• Governance News 31 July 2019
  Governance News provides weekly summaries of key governance, regulatory and risk developments in Australia and overseas.  This week's issue features (among other things) 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 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.

• COVID 19: Anti-hawking and product disclosure rules temporarily relaxed
  

  Anti-hawking and product disclosure requirements have been temporarily relaxed to make it easier for lenders to offer debit cards to cash-reliant customers during the COVID-19 pandemic.

• 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 

• Scaling up: APRA has outlined its new and more intensive approach to governance, culture, remuneration and accountability risk
  Overview | APRA Information paper: Transforming governance, culture, remuneration and accountability: APRA's approach 
• Take two: APRA consults on new less prescriptive remuneration requirements
  

  APRA has released revised draft CPS 511 Remuneration for a second round of consultation.

• 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
  Governance News provides a weekly wrap up of key governance, risk and regulatory developments in Australia and overseas.  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…

• COVID-19: Global collapse of shareholder activist activity?
  COVID-19 has dramatically reduced levels of activist activity globally according to Lazard's latest quarterly report.
• Trends in M&A activism: M&A as an activist demand, 'deal' activism and 'industry competitor' activism
  M&A activism has recently been highlighted as one of the current trends in shareholder activism, and boards and executives should be aware of how it might impact their companies. Broadly, activists can influence M&A activity in three ways.
• Governance News 15 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) 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). 
• A board responsibility: ASIC has released updated complaints handling guidance 
  

  ASIC has released updated complaints handling guidance (Regulatory Guide 271). Below is a snapshot of some of the key changes.

• Governance News 26 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) 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.
• 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.
• COVID-19 has not put the brakes on ASIC's enforcement activity
  

  A comparison of the data on ASIC's overall enforcement activity over the last six months of 2019 (in REP 660) with ASIC's activity in the first six months of 2020 (REP 666) shows that the regulator has actually increased its enforcement activity in some areas despite the COVID-19 pandemic.

• Still yet to crack 30%? 
  Report Overview | AICD Gender Diversity Progress Report July to September 2019
  
• Invest in regtech or face the consequences?
  Overview | ASIC Regtech Financial Advice Files Symposium, Opening Statement by ASIC Deputy Chair Daniel Crennan QC
  
• 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 lessons from the new report on HBOS's demise
  The report into the demise of the HBOS Group shows that while the failure was in many ways of its time, it still provides some useful lessons for Australian boards.
• 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
  

  Governance News provides weekly summaries of key governance, risk and regulatory developments in Australia and overseas. This week's issue features (among other things): 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.  
• Delivering sustainable stakeholder value in a post Hayne Royal Commission world
  

  We have outlined important strategies that will enable financial services organisations, financial institutions and organisations in other industries to restore community trust.

• 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….

• Confirmation that it pays to shop around?
  Report Overveiw | ACCC report, Home Loan Price Inquiry Interim Report
• APRA flags GCRA, climate risk and cybersecurity among its key priorities over the coming year
  

  Overview | APRA's supervisory and policy priorities for the next 12 to 18 months 

  The Australian Prudential Regulation Authority (APRA) has released two papers identifying its planned changes to the prudential framework and the key risks within the financial system on which it will focus its supervisory efforts. 

• 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.

• Constructively tougher?  APRA has updated its 'constructively tough' enforcement approach
  'Getting "constructively tough" is not only about taking stronger action earlier...It also means setting public examples where it is appropriate to do so and there’s no risk to financial stability'
  
• 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
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  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
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  This issue includes (among other things): 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.
• New expert opinion cautions that '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.

• Eliminating Australia's gender pay gap? Report concludes that a 'level of apathy' has set in
  

  The latest WGEA/BCEC report tracking progress towards closing Australia's gender wage gap cautions that apathy has emerged as a key barrier to improvement

• 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 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 3 September 2018
  

  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. 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.

   

• AUSTRAC has launched civil proceedings against Westpac alleging AML/CTF contraventions
  Overview of the allegations, the lender's response and a brief overview of the response from regulators and investors
• Key trends to emerge from the 2016-2018 AGM season
  

  This insight provides a high level snapshot of trends from the AGMs of Australia’s largest public companies (ASX 100) over the course of three years from 2016 to 2018.

• Details released: Consultation on a raft of Hayne legislation launched
  The government has released over 20 pieces of draft legislation for consultation proposing to implement 22 Hayne recommendations and other 'additional commitments'.      
• 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 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…

• 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 16 July 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.  

• 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…

• 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.

   

• 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 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.  

• NGOs: A growing force in governance
  With the help of traditional and social media, non-government organisations are becoming a growing force in governance. Companies are advised to monitor NGO activities, and be prepared to respond strategically in order to limit potential costs to their business.
• ASIC's new 'express investigation' approach to enforcement
  

  Our key takeaways from ASIC Deputy Chair Karen Chester's address to the AFR Business Summit 2021: Regulation for recovery: when pilots become enduring practice

• 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…

• The proposed new Financial Accountability Regime: new minimum standards for entities, boards and senior management across the economy?
  Overview | Treasury proposal paper on the new Financial Accountability Regime (FAR)
• Governance News 3 December 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 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.  
• Getting closer? Senate Committee endorses proposed changes to continuous disclosure and meeting requirements
  

  The Senate Committee has paved the way for the passage of Treasury Laws Amendment (2021 Measures No. 1) Bill 2021, recommending that it be passed without amendment.  

• 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.  

• 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 28 May 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.

• 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… 

• 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
  

  Report Overview | Governance Institute, Watermark Search International report: 2021 Board Diversity Index

  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.  Our key takeaways from the report are below.

• 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….

• Key trends to emerge from the 2016-2019 AGM season
  

  We provide a high level snapshot of trends from the AGMs of Australia’s largest public companies (ASX 100) over 2016 to 2019.

• ACSI's latest report has identified some overall improvement in ESG reporting but also some 'glaring gaps'
  Report overview | Australian Council of Superannuation Investors (ACSI) report, ESG reporting by the ASX 200 August 2019
• Governance News 23 April 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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…

• Implementation of FSRC recommendation 4.7: Consultation on the extension of UCT provisions to insurance contracts
  Overview | Exposure Draft, Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill 2019
• Final changes to the ASX Listing Rules released
  

  The Australian Securities and Exchange Commission (ASX) has released its final response to submissions to its November 2018 consultation paper: Simplifying, clarifying and enhancing the integrity and efficiency of the ASX listing rules.  The response includes a range of rule amendments as well as new, updated and expanded guidance.

• 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).

   
• 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.   

• Why not make the changes permanent? The Governance Institute has called for the government to bring the Corporations Act into the 21st century
  

  In a submission to the Senate Select Committee on the use of technology by business during the COVID 19 crisis, the Governance Institute has called for temporary reforms to the Corporations Act 2001 (Cth) (Act) in Corporations (Coronavirus Economic Response) Determination (No 1) 2020 to be made permanent.

• 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. 

   
• 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.

• APRA is set to sharpen its focus on non-financial risk, cyber-resilience and superannuation
  Overview | APRA Corporate Plan 2019-2023
• Trending down: ASX 200 CEO pay at the lowest level in six years
  

  ACSI's latest annual report into CEO pay trends has identified that ASX 200 companies are more willing than previously to exercise pay restraint.

• COVID-19: The AICD has identified six key areas in need of urgent reform
  The Australian Institute of Company Directors (AICD) has identified six key areas where it considers that urgent reform is needed to support companies and directors through the pandemic.
• Stronger powers for ASIC?
  

  Consultation on five draft Bills proposing to further strengthen ASIC's enforcement and supervision powers in line with the government's response to certain ASIC Enforcement Review Taskforce Report recommendations. 

• Governance News 30 July 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• APRA consults on new and more prescriptive remuneration requirements
  Overview | APRA discussion paper and draft new Prudential Standard CPS 511
• Governance News 11 September 2019
  

  Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas. This week's issue features (amongst other developments) coverage of the CEW's latest census of ASX200 CEOs, Lord Sales' recent speech outlining the case for law reform to provide a 'greater impetus to boards and individual directors to accord greater attention and weight to climate issues than has until now been considered appropriate', ASIC's decision to appeal against the recent responsible lending test case against Westpac and Macquarie Business School's paper on the best way to minimise/mitigate the risk of employee's behaving unethically.  

   

• 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...

   

• 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
  

  Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas.

  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
  

  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. 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.

   

• Executive pay during COVID-19: Glass Lewis outlines its approach going into Australian meeting season
  

  The extent to which companies have been impacted by the COVID-19 pandemic, employee welfare, and community expectations should all be factored into pay decisions.  

• 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 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…

• 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. 

• Time to get serious about climate risk: APRA outlines its plans in a letter to industry
  
• 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
  

  Governance News is 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 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
  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) an overview of APRA's information paper, Self-assessments of governance, accountability and culture and the findings to emerge from APRA's analysis. 
• 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…

• Super 2020: the BEAR necessities and a FAR horizon
  Expert insights into what the proposed Financial Accountability Regime (FAR) will entail in the superannuation context.  
• 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.

• 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
  

  Governance News provides weekly summaries of key governance, regulatory and risk developments in Australia and overseas. This week's issue features (among other things): 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. 

   

• Who is an officer of a corporation? 
  Case Note: Australian Securities and Investments Commission v King [2020] HCA 4
  
  The decision provides some clarity around the meaning of 'officer' as defined in s9 of the Corporations Act.
  
• 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…

• ASIC's responsible lending test case failed (but it's still a live issue)?
  

  Overview | Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 The Federal Court has dismissed ASIC's responsible lending test case against Westpac and ordered the regulator to pay the bank's costs.  On 10 September, the Australian Securities and Investments Commission announced that it has filed an appeal.

• Governance News 4 September 2019
  Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australian and overseas.  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).  
• 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…

• Capability review finds APRA's culture and regulatory approach need a reset
  

  APRA Capability Review 2019 | The Review makes 24 recommendations (19 directed at APRA and 5 directed to the government) to better position the regulator to deal effectively with post-Hayne environment as well as emerging risks.

• 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…

• Cybersecurity must be a top priority: APRA puts firms on notice
  

  Our key takeaways from APRA Executive Board Member Geoff Summerhayes' recent address to the Financial Services Assurance Forum

• Jumping the gun on virtual meetings?
  

  The government's proposals to make permanent temporary changes to meeting and other requirements have met with opposition from some quarters on the basis that giving companies the option to hold shareholder meetings virtually will negatively impact shareholder rights.

• Governance News 10 July 2019
  Governance News provides weekly summaries of key governance, regulatory and risk developments in Australia and overseas.  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.  
• 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 2 July 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.
• Minute taking: The AICD and the Governance Institute share their perspective
  Overview | Australian Institute of Company Directors and the Governance Institute, joint statement on board minutes August 2019
• 'Fundamentally defective': Consumer groups oppose proposed responsible lending changes
  

  Consumer groups have called on the government to abandon the proposed roll back of responsible lending obligations and to retain existing requirements.

• 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.   

• Parliamentary Committee scrutinises APRA
  The House Committee on Economics held a hearing on 13 September in which it scrutinised the Australian Prudential Regulation Authority's (APRA's) performance and operation.
• ASIC is 'ready and willing' to use its new product intervention powers
  ASIC has deployed its new product intervention power for the first time to target a specific short term lending model that it considers causes 'significant consumer detriment' to vulnerable customers.
• 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 14 May 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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…

• 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.  

• 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
  

  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas. 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. 

• 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.

• 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.
• FSRC referral: ASIC has commenced proceedings against TAL Life Ltd
  
• BlackRock has released updated global principles and voting guidelines for 2021
  

  BlackRock has signalled a shift in approach on a number of issues including its approach to shareholder E&S proposals.  

• Hayne reform Bill introduced
  

  Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 proposes to implement the government's response to a raft of Hayne recommendations.  

• ASIC has released its 2020-2024 strategic plan: enforcement remains a key priority
  

  Snapshot: The key priorities outlined in ASIC's Corporate Plan 2020-24

• 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.  

   
• FSRC Final Report: Impacts on Vertical Integration
  The absence of a specific recommendation mandating change does not reflect the full story for industry.
• Current trends in short selling activism
  

  After its controversial role during the GFC, short selling is again the focus of increasing debate both in Australia and overseas. Short selling (or ‘covered’ short selling) is where someone borrows stock (for a fee) which they then sell, in the hope that the price of the stock will fall and they will be able to buy it back at a lower price, and hence profit on the transaction. However, if the price of the stock rises they will make (a potentially unlimited) loss.
  

• 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…

   

• Where is the line between general and personal financial product advice? ASIC's financial product advice test case has succeeded on appeal
  Case note | Australian Securities and Investment Commission v Westpac Securities Administration Limited [2019] FCAFC 187
• Hayne commission legislation introduced
  On 28 November, two Bills were introduced into Parliament proposing to implement the government's response to several Hayne Commission recommendations, in line with the government's implementation roadmap.   
• 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.

   

• Governance News 7 May 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.  

   
• ALRC suggests review of financial services regulation
  The ALRC has released a suggested program of work for 2020-25 including a proposal to review financial services laws, consistent with FSRC recommendations 7.3 and 7.4
• Governance News 30 April 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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 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.

• Governance News 27 February 2019
  

  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 miner Glencore's commitment to align its business and investments with the goals of the Paris Agreement following engagement with Climate Action 100+ signatories as well as updates on progress towards implementing/planned responses to the recommendations of the Financial Services Royal Commission.

   

• Transforming prevention of sexual harassment
  

  Overview of the Champions of Change Coalition report: Disrupting the System – Preventing and responding to sexual harassment in the workplace

• New voluntary BNPL code now in effect
  

  The voluntary Buy Now Pay Later industry code of practice was launched and came into effect on 1 March 2021.  

• Governance News 5 February 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 the consultation on a raft of proposed measures to implement the government's response to 22 Hayne recommendations (and other additional commitments).  This issue also includes coverage of APRA member Geoff Summerhayes' recent speech on the sustainability challenges facing the PHI sector.
• Changes to responsible lending on the way
  

  The Senate Economics Legislation Committee has paved the way for substantial changes to Australia's responsible lending laws.

• 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

   
• Sticking with known directors (regardless of performance)?
  

  Ownership Matters has identified a tendency for ASX 300 directors to be drawn from the existing pool of serving directors, regardless of their performance.  This has prompted Ownership Matters to question the effectiveness of the current approach to board recruitment and board refreshment from a shareholder perspective. Our key takeaways from the report are below.

• 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…

• 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…

• Decision in Financial Services Royal Commission case study: ASIC has won its case against Dover Financial Advisers Pty Ltd and Dover's sole director
  

  Case note | Australian Securities and Investments Commission v Dover Financial Advisers Pty Ltd [2019] FCA 1932

• 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…

• Governance News 10 April 2019
  

  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.

   
• Governance News 24 July 2019
  

  Governance News provides weekly summaries of key regulatory, governance and risk related developments in Australia and overseas.

  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
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  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).  
• Governance News 13 February 2019
  

  This special edition of Governance News features as our top stories, insights from MinterEllison's experts on the industry impacts of the Financial Services Royal Commission Final Report Recommendations in addition to coverage of other key regulatory and governance developments in Australia and overseas.

• Not proven (but not necessarily an endorsement either)?
  

  Australian Prudential Regulation Authority v Kelaher 2019 FCA 1521

  The Federal Court has dismissed APRA's 'best interests duty' test case against certain IOOF entities, directors and officers and ordered the regulator to pay costs.   APRA has said that has not yet made a decision on whether it will appeal.

• Governance News 17 September 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  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

• How to report on climate risk: The Governance Institute has released a practical guide 
  Report Overview | Governance Institute guide, Climate change risk disclosure: A practice guide to reporting against ASX Corporate Governance Council's Corporate Governance Principles and Recommendations
• Revised ASX Corporate Governance Principles and Recommendations released
  

  The controversial 'social licence to operate' terminology has been abandoned in the final version but the intent remains embedded?  

  The fourth edition of the ASX Corporate Governance Council's Corporate Governance Principles and Recommendations was released on 27 February 2019 following consultation.  A high level overview of the key changes is below.  

• An end to the Storm?
  

  Case note: Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52

  The Full Federal Court has confirmed that the former directors of collapsed financial advice firm, Storm Financial Pty Ltd breached their duties under s180(1).  ASIC commenced the original civil penalty proceeding against the directors in late 2010.  

• 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.  
• Well prepared to face short term and medium term risks
  

  Report Overview | The Governance Institute of Australia, 2019 Risk Management Survey

  The report identifies the key challenges/priorities (as nominated by risk managers/governance ers) facing Australian businesses in the immediate and longer term.  Overall, the report found that Australian risk managers consider their organisations to be well prepared (overall) to manage key risks facing their organisations in the short and longer term.

   
• 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.

• 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.

• 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.  

• Stakeholder (not shareholder) capitalism is the only way?
  

  The World Economic Forum has issued a new manifesto ahead of the January annual meeting advocating a shift to stakeholder not shareholder capitalism and calling for a realignment of business metrics, including executive remuneration, to solidify the necessary changes.

• 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…

• 32 quick wins? The Senate Committee has released its fintech/regtech interim report
  

  Overview: Senate Select Committee on Financial Technology and Regulatory Technology interim report recommendations

• Governance News 23 October 2019
  Governance News provides a weekly wrap up of key governance, regulatory and risk developments in Australia and overseas.  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
  Governance News provides weekly summaries of key governance, risk and regulatory developments in Australia and overseas.  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.  
• APRA investigates Westpac and imposes a $500m increase in capital requirements
  

  Following the commencement of civil proceedings against Westpac by AUSTRAC, APRA has said it is investigating whether Westpac's conduct (and/or the conduct of its directors/senior managers) may have breached the lender's obligations under the Banking Act (including BEAR obligations) and/or APRA's prudential standards.

• 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…

• Companies are about more than maximising profits? 
  Business Roundtable has issued a statement redefining the purpose of a corporation to include delivering benefits to all stakeholders
• Brace for FSRC legislation?
  The Federal government has released an implementation roadmap with timelines for implementing its response to the Financial Services Royal Commission's recommendations
• Financial Services Royal Commission Final Report: Impact for Industry
  

  MinterEllison's comprehensive analysis of key industry impacts from the Hayne Commission.

  Scroll down to view our executive summary of the key takeaways from the Commission's Final Report.

• Governance News 5 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) 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
  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 APRA Chair Wayne Byres' recent calls for banks to embrace BEAR and address issues with the design and implementation of executive remuneration; coverage of ASIC priorities for the coming year (and new supervisory approaches) as flagged by Commissioner John Price 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.  
• A threat to global financial stability: BIS cautions that climate risk could trigger the next GFC
  

  Climate risk is a serious threat to global financial stability and could trigger the next GFC. Moreover, the Bank of International Settlements (BIS) considers that though collective action is required, central banks must play a more 'proactive' role in addressing it.

• Time for business to prioritse ethics: The Governance Institute has released its latest annual Ethics Index
  

  The Governance Institute's latest Ethics Index has highlighted that the financial services sector still has work to do to rebuild public trust. 

• What does it take to ensure a respectful working environment? Insights from an expert panel
  

  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.  

• A 'clear case' for law reform?
  In his speech to the Anglo-Australasian Law Society, Lord Sales suggested that 'there is a clear case' for law reform to provide a 'greater impetus to boards and individual directors to accord greater attention and weight to climate issues than has until now been considered appropriate'.
• 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 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…

• Protecting vulnerable consumers: ASIC targets continuing credit contracts
  

  Overview | ASIC consultation paper 330 Using the product intervention power: Continuing credit contracts (CP 330)

• Why not litigate (again)?
  The Australian Securities and Investments Commission (ASIC) has commenced proceedings against Bendigo and Adelaide Bank and separately, against the Bank of Queensland over (alleged) unfair small business loans.
• 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…

• Moving on FSRC broker reforms: draft legislation and regulations released for consultation
  Treasury has released an exposure draft Bill and Regulations for consultation, which propose to implement the government's response to Financial Services Recommendation 1.2 (best interests duty) and Recommendation 1.3 (mortgage broker remuneration) 
• Governance News 20 August 2018
  

  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.  This issue includes (among other things): coverage of the second week of the Financial Services Royal Commission Superannuation hearings and consultation on proposed insolvency reforms announced in the 2018 Federal budget.  The MinterEllison competition team has also provided an update on the release of exposure draft legislation that proposes to enact the Consumer Data Right.  

   

• Governance News 28 August 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 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…

• NSW Supreme Court rules against US based 'activist short seller' Bonitas
  Case note | Rural Funds Management Limited as Responsible Entity for the Rural Funds Trust and RF Active v Bonitas Research LLC [2020] NSWSC 61
• Governance News 4 June 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.
• Institutional investors have 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.

• COVID-19: Less prepared than we could be for future crises? 
  

  Report Overview | Governance Institute Risk Management Survey 2020

  The Governance Institute's latest Risk Management Survey provides insights into the current risk and governance landscape in Australia

   
• 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
  

  Governance News provides a weekly wrap up of key governance, risk and regulatory developments in Australia and overseas.

  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.

• APRA Deputy Chair calls on actuaries to turn on the microphone and speak up
  

  Overview | APRA deputy chair John Lonsdale's speech to 2019 Actuaries Summit, The story behind the numbers: Combatting the high cost of non-financial risks 

  In his speech to the 2019 Actuaries Summit, Australian Prudential Regulation Authority (APRA) Deputy Chair, John Lonsdale spoke on the importance of the role of actuaries in holding boards to account and the 'crucial' role actuaries play in identifying and calling out non-financial risk.  Referencing APRA's new cross industry standard (CPS 320 Actuarial and Related Matters) which will come into effect on 1 July 2019, he said, 'APRA has provided the platform and handed over the microphone; actuaries need to turn it on and speak up'.  

• 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…

• Governance News 10 December 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 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. 
• 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.

• Governance News 21 May 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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…

• Governance News 25 June 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• Status update: 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.    

• Time for gender targets? Report finds progress towards gender-balanced leadership is unlikely to gain ground without a change in approach
  

  Key takeaways from the CEW's Senior Executive Census 2021

• 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).   

• FRC consultation on a Code of Conduct for large UK private companies
  

  Large private companies in the UK are being urged by the Financial Reporting Council (FRC) to engage in consultation on, and to sign up to, a new code of corporate governance for private companies — the Wates Corporate Governance Principles for Large Private Companies (the Wates Principles) — both to improve governance standards and rebuild trust in the wake of a number of recent corporate scandals.  Separately, new corporate governance reporting requirements (Companies (Miscellaneous Reporting) Regulations 2018) were laid before parliament this week.  In anticipation of their imminent approval, the government has released guidance on meeting these new requirements.  The FRC states that compliance with the new Wates Principles will satisfy the new regulatory reporting requirements.  

• 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.

• Centralised business registers and DINs are on the way: The legislative package introducing the reforms has passed both houses
  

  The package of legislation that will introduce a new director identification number (DIN) requirement, and centralise and streamline access to business registers passed both houses on 12 June without amendment.

• 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...

• Focus on outcomes not policies: 2020 UK Stewardship Code released
  

  Overview | UK Stewardship Code 2020

  Following consultation, the UK Financial Reporting Council (FRC) has released a revised Stewardship Code (Code).  A high level overview is below.

• 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.  

• Effective stewardship means focusing on sustainability: BlackRock stewardship report released  
  

  BlackRock's stewardship report provides insights into the rationale underpinning its stewardship approach and voting behaviour as well as flagging its engagement priorities for H2 2020.

• FSRC Final Report: Impact for boards and corporate governance
  

  Our team analyses the Financial Services Royal Commission Final Report's implications for boards and corporate governance.

• Governance News 24 September 2018
  Governance News provides weekly summaries of key regulatory and governance developments in Australia and overseas.
• 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.

• (Slightly) less male, but still stubbornly pale and stale?
  

  Report Overview | Governance Institute, Watermark Search International report: 2020 Board Diversity Index

  New report finds that though some (slow progress) has been made to improve gender diversity on ASX 300 boards over the last six years, the cultural diversity of Australian boards is slipping backwards.

   
• Governance News 10 August 2022
  

  This week's issue has a strong ESG and risk focus.  Among other developments we cover the findings of APRA's voluntary climate survey gauging the extent to which a sample of banks, insurers and super funds consider their approach to climate risk management and disclosure aligns with APRA's guidance.  We also cover the key priorities flagged by APRA in its latest corporate plan.  On the financial services front we cover 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…

• Status update: Legislating permanent changes to meeting and execution requirements – another draft Bill
  

  A brief recap of current temporary relief measures now in place and an overview of planned permanent reforms that if legislated would permanently enable the use of technology in signing and executing documents and holding meetings