Superannuation and Infrastructure

Superannuation and Infrastructure Funds

Ash St. Publication

by Shaun McGushin Discussions around the role that superannuation funds can play in investing in infrastructure Assets in Australia has gathered momentum as the significant funding deficit in Australia’s infrastructure requirements becomes more apparent to all. This is further expounded by the Australian Infrastructure Plan released by Infrastructure Australia earlier this year. Superannuation funds are seen as a natural investors …


Corporate Reputation for Boards

Ash St. Publication

As Benjamin Franklin famously warned, ‘It takes many good deeds to build a good reputation, and only one bad one to lose it’. A recent survey by Forbes Insights on behalf of Deloitte identified ‘reputational risk’ as the biggest risk concern of more than 300 major companies around the world. The Deloitte report, entitled ‘Exploring Strategic Risk’, attributes this finding …


Ash St. Publication

Author: Gail Noe, Special Counsel Disputes & Risk Management, Ash St. In a salutary recent case, the Victorian Supreme Court concluded that a CEO was personally liable for signing a document on behalf of his company. A company is a separate legal entity with its own rights and obligations. It has the powers of an individual to enter into contracts, …


Cloud customers are market beneficiaries

Ash St. Publication

There have been shifts in the cloud market recently. Large IT vendors have been adjusting their approach to catch up with the early movers. Providers generally have improved their offerings and terms, and the early promise of cloud is starting to be truly realised. Customers are benefiting from these developments, with those in the mid-market particularly well-placed to capitalise. Cloud …

Privacy Shield

Privacy Shield to replace Safe Harbour as Framework for EU-US Data Flow

Ash St. Publication

by Michael Bishop, Brendan Tomlinson & Cassian Ho “This new framework for transatlantic data flows protects the fundamental rights of Europeans and ensures legal certainty for businesses. The new arrangement lives up to the requirements of the European Court of Justice.” – Commissioner Jourová, European Commission, 2 February 2016 On 2 February 2016, a political agreement between the European Commission …

Data Breach

Draft Mandatory Data Breach obligations

Ash St. Publication

by Brendan Tomlinson On 3 December 2015, the Australian Federal Government released its exposure draft of the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 (Cth) (Exposure Draft) to introduce mandatory obligations to report a serious data breach. The requirements are to apply to entities governed by the Privacy Act 1988 (Cth) as well credit reporting bodies, credit providers …

Safe Harbour

Cross-border data transfer alert – US Safe Harbour invalidated

Ash St. Publication

by Brendan Tomlinson & Kelly Marshall The Court of Justice of the European Union has invalidated the US Safe Harbour. If you, your supplier or business partner relies on the US Safe Harbour, or any other EU Safe Harbour for cross-border data transfers, now is the time to check whether there will be any disruptions to your business and whether …


Superannuation Governance Directors Liability

Ash St. Publication

The Superannuation Legislation Amendment (Trustee Governance) Bill 2015 (Cth) (Bill) was introduced to Parliament on 16 September 2015. The Bill is designed to improve the governance of trustees of registered superannuation entities, in particular by imposing greater independence requirements on the trustees. At present, the Bill remains before the Australian Senate and will not now be passed (with or without …


So you think you can settle? Five common pitfalls

Ash St. Publication

More often than not, commercial disputes settle out of court. Good news? Yes, unless you end up with an argument about the terms on which you have settled or worse, whether you have settled at all. Such arguments could be frustrating because, by that stage, the parties are ready to move on and don’t wish to incur any further legal …