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Governance

Ensuring compliance with the rules, practices and processes by which a company is directed and controlled, is vital to success. Having a strong corporate governance framework assists to mitigate risk and safeguard accountability and transparency with all stakeholders.

Governance

Our expert team, drawn from a number of legal practice areas, can assist in navigating the responsibilities of corporate governance for leadership teams, management, and stakeholders.

Expertise

Our national governance team will enable you to navigate Australia’s complex regulatory landscape. Boards, executives, and company officers benefit from our practical and strategic advice to strengthen compliance, manage risk, and build robust governance frameworks.

We can assist in a range of areas including:

Corporate & Board Advisory Services

Strong governance starts in the boardroom. Our team brings significant boardroom and governance expertise, with partners and senior practitioners who have served in-house and at ASX-listed companies, and who hold qualifications from the Governance Institute of Australia. We assist with:

  • Annual and statutory reporting
  • Legal entity management and secretarial services (incorporations, registers, constitutions, officer appointments/removals, ASIC lodgements)
  • Insurance and risk management
  • Designing and implementing tailored governance frameworks
  • Advice on directors’ duties, independence, and board composition
  • Drafting, reviewing, and auditing governance policies, charters, and procedures
  • Board committee support and subcommittee establishment
  • Disclosure and compliance (incentive/share plans, DRPs, share splits/consolidations)
  • Board skills matrices, evaluation questionnaires, and annual work plans
  • Regulator engagement (ASIC, ASX, others)
  • Board inductions and ongoing director professional development

Regulatory

Navigating Australia’s complex regulatory environment requires proactive and informed governance. We help clients develop and embed compliance frameworks that manage risk and respond to evolving obligations. Our expertise covers:

  • Competition and merger regulation
  • ESG, including diversity, equity, and inclusion (DEI)
  • Regulatory investigations and inquiries
  • Anti-money laundering (AML), anti-bribery, and anti-corruption
  • Modern slavery and trade sanctions
  • Regulator dealings, compliance policies, incident response, and embedding governance frameworks

Workplace Health & Safety

Good governance extends to the health and safety of your people. We work with boards and executives to ensure workplace health and safety (WHS) obligations are met and integrated into your governance framework. Our services include:

  • Advising on director and officer due diligence obligations under WHS laws.
  • Establishing and reviewing whistleblower frameworks and conducting investigations.
  • Aligning remuneration structures with safety outcomes to reinforce a culture of accountability.
  • Managing chain of responsibility (CoR) in transport, logistics, and supply chain operations.

Data and Privacy

We support clients to navigate the growing governance challenges associated with data protection, cyber-security and privacy. With the increasing regulatory risks, boards and executives are expected to demonstrate strong oversight and effective risk management practices.

Our team provides:

  • Governance frameworks for data protection and cyber-security, tailored to your risk profile.
  • Advice on compliance with privacy laws and regulatory obligations, both in Australia and internationally.
  • Support in responding to and managing data breaches.
  • Development of risk management and reporting structures for boards and senior leadership.
  • Implementation of information governance frameworks that align with evolving legal and industry standards.

Financial Services

We regularly assist financial services organisations with their governance obligations, helping boards and executives manage the complex regulatory landscape. Our advice is focused on ensuring compliance, accountability and transparency in a sector under close scrutiny.

Our work includes advising on:

  • Governance frameworks under the Banking and Financial Accountability Regimes (BEAR and FAR)
  • Australian Financial Services Licence (AFSL) obligations
  • Compliance and engagement with the Australian Financial Complaints Authority (AFCA)
  • Director and officer responsibilities in financial services entities


Experience

 

Recent Posts

23 October 2024 - Knowledge

Federal Court fines Vanguard $12.9 million for greenwashing conduct

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Funds Management & Financial Services

The Federal Court has fined Vanguard Investments Australia Ltd $12.9 million for making misleading representations about its Ethically Conscious Fund. This is the highest penalty imposed on a business for greenwashing conduct to date.

20 August 2024 - Knowledge

Federal Court imposes $11.3 million penalty in ASIC’s first greenwashing case

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Funds Management & Financial Services

The Federal Court has fined Mercer $11.3 million in the Australian Securities and Investments Commission’s (ASIC) first greenwashing case. What can businesses learn from this decision and how can they avoid making misleading claims?

02 July 2024 - Knowledge

When a staff update turns into a privacy breach

#Data & Privacy, #Governance

A recent case where an employer updated staff on a fellow employee’s wellbeing serves as a reminder to take precautions before sharing personal information at work to avoid breaching privacy laws.

25 June 2024 - Knowledge

Preparing for mandatory climate reporting in the construction industry – what you need to know

#Construction, Infrastructure & Projects, #Environmental, Social and Governance (ESG), #Governance

Draft legislation has been introduced to require large and medium-sized companies to comply with new financial disclosures on climate impacts. We outline what the requirements are and how construction companies can prepare.

02 April 2024 - Knowledge

Australian Governance Summit: Key takeaways

#Corporate & Commercial Law, #Governance

General Counsel Lyn Nicholson shares some of her key takeaways from the recent Australian Institute of Company Directors Australian Governance Summit.

13 September 2023 - Knowledge

Timely reminder to directors that your responsibilities do not end when a liquidator is appointed

#Corporate Restructuring and Insolvency, #Corporate & Commercial Law, #Dispute Resolution & Litigation, #Governance

ASIC’s recent decision to ban a director who was involved in three failed companies is a timely reminder to directors that their responsibilities do not end after the appointment of a liquidator.

22 August 2023 - Knowledge

Indemnity and D&O Insurance: A brief summary for directors and officers

#Dispute Resolution & Litigation, #Governance, #Regulatory

This article covers the key sources of financial protection for directors and officers, including indemnity under a company’s constitution and/or in a Deed of Access, Indemnity and Insurance, and Directors and Officers Insurance (D&O Insurance).

02 November 2022 - Knowledge

Applying for your Director Identification Number: FAQ

#Corporate & Commercial Law, #Governance

With the deadline fast-approaching, we answer some common questions to help company directors navigate the Director ID application process and how they can lodge their application before 30 November 2022.