Spotlight on Risk

Shining the spotlight on the complex, challenging and continually evolving modern risk environment.

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This dedicated risk advisory hub provides directors, senior executives and industry professionals with the latest legal, regulatory and governance insights they need to be aware of. We are shining the spotlight on the complex, challenging and continually evolving modern risk environment. Our insights span multiple sectors and regulatory matters, from core directors’ duties and ESG risk identification and disclosure to insolvency risk, corruption and bribery, regulatory investigations and new developments in competition, consumer law and the growing areas of shareholder activism, data, privacy, technology and AI.

Our commentary is proactive, not reactive, and gives practical, first-hand insights into current issues and emerging industry trends. These insights will position you to identify and address the important risks impacting on your everyday operations and to engage constructively with regulators and key stakeholders in effectively navigating and responding to those risks.

Spotlight on:

Climate risk and sustainability
Conduct and culture
Data and cybersecurity

Financial crime
Innovation
Regulatory

Latest articles

Continuous disclosure, executive risk and ASIC

Recent Federal Court proceedings on continuous disclosure obligations reflect ASIC’s ongoing commitment to monitor disclosures by listed businesses and to help ensure the market is accurately informed.

Corporate plans land from APRA and ASIC

Monday 31 August 2020 saw APRA, ASIC and RBA publish their corporate plans for the next four years.

LIBOR transition: The countdown has started

Time is moving on for all Australian businesses who raise FX finance and are exposed to FX contracts that are benchmarked off the London Interbank Offered Rate or other IBORs that have till now been the benchmarks of choice.

Directors’ duties: A refresher on liability and personal asset risk

The scope of that liability is now greater than ever due to the difficulty directors have in predicting with any real certainty how COVID-19 affects the future earnings and operations of the company’s business.

The cybersecurity standards set to impact every Australian business and director

The Australian Prime Minister announced a new Cyber Enhanced Situational Awareness and Response (CESAR) Package on 30 June 2020.

The ‘false comfort’ of extended temporary insolvency law measures and the need for deeper structural reform

Many businesses and industry groups are currently advocating for the Treasurer to extend the temporary six month exemption from insolvent trading liability for directors.

Oxford Business Law Blog | The Climate Imperative

The COVID-19 pandemic and climate change risks share many of the same characteristics, both in terms of their impact and why they have caught so many off-guard. Read our article for the Oxford Business Law Blog.

ICR Journal | How Australian courts are advancing corporate and business rescue during COVID-19

The focus must turn to Australia's insolvency framework and how existing laws, and future law reform, can support the restructure of viable companies and businesses. Read our article for the International Corporate Rescue journal.

ARITA Journal | Corporate & business rescue in a COVID-19 world

Executive power, court intervention and the opportunity for meaningful law reform the voluntary administration regime. Read our article for the Australian Restructuring Insolvency & Turnaround Association Journal.

From shortage to stockpile: How supply chains need to adapt in a redesigned world

The development of tailored operational strategies and risk management frameworks that position entities to maintain business continuity in the event of ad hoc or sustained future supply shocks is a critical task that boards must tackle head-on.

The macro and micro impact of cybersecurity breaches and the imperative for all entities to act now

Pandemic aside, there is another globally systemic risk lurking in plain sight...a large-scale cybersecurity breach.

Will the real zombie please stand up? The opportunity for directors to take control

We look at the potential risks for directors that continue operations in the absence of a plan, or ability, to achieve sustainable trade in the long-term.

The COVID-19 class actions storm: A necessary spark for lasting change

COVID-19 can also serve as a much-needed industry circuit-breaker to drive lasting class actions law reform in Australia.

The new pandemic: Zombie companies will eat Australia’s COVID-19 economic recovery

The economic context cannot be overstated as we now, as a nation, look towards the rebuilding process in the next COVID-19 response period.

COVID-19: From black swan to boiling frog

The critical task for boards is to begin – and follow through with – the corporate governance overhaul our regulators have prioritised and are waiting to pursue.

The shift we needed: The fight to save Virgin already changing corporate rescue laws in Australia

COVID-19 has sparked a unique – and unexpected – opportunity to introduce greater flexibility in Australia’s corporate rescue laws.

Reshaping the Corporations Act to ensure business survival

The hidden power of Section 447A of the Corporations Act and Section 90-15 of the Insolvency Practice Schedule.

Regulators and COVID-19: A changed enforcement focus does not excuse non-compliance

Australian regulators have acknowledged the tremendous challenges and disruptions facing Australian businesses as a result of COVID-19.

COVID-19: What Australian Boards and Senior Management should consider

As the situation develops, businesses across all sectors are having to work rapidly to effectively and successfully manage crises such as these.

Work health and safety class action risk for directors: An emerging space

In the WHS context, the potential expansion of class actions can be viewed through thematic, case theory and structural comparative analytical lenses.

Reputational Risk Australia - 2019 Survey Report

Norton Rose Fulbright surveyed leaders across business and government to understand and analyse what reputational risk means to today’s organisations.

AML/CTF risk management: is it part of your company’s DNA?

Aside from the very real human impact of money laundering, the possible consequences of getting compliance wrong can be severe.

Climate change and environmental risk: A note from Australia's Head of Risk Advisory

The key theme of both of this week’s posts is that climate change is not some kind of passing ‘fad’; an issue for ‘tomorrow’s board’.

The time is now - climate risk is a mandatory issue for all boards

Exposing the significant liability risk faced by companies and individual directors if they continue to treat climate change as an issue for ‘tomorrow’s board’.

Quelling the Extinction Rebellion

The Federal Government has flagged its intention to introduce laws that will seek to prevent climate activist groups from using ‘disruptive tactics’ to place pressure on boards to take action on climate change.

Measuring culture: It's more than just about the vibe

Before the lessons of 2019 are forgotten, it’s worth getting clear on why organisational culture matters.

Are you treating AML seriously enough?

Anti-money laundering risk is fast evolving into one of the key risks any business has to manage.

Putting a spotlight on risk: A note from Australia's Head of Risk Advisory

I am excited to launch my Risk Advisory team’s thought leadership hub, ‘Spotlight on Risk’.

Time to take a look behind the 'social licence' buzzword

In a post-Hayne world, consumers now expect more of companies and give their business to those they feel they can trust.

The debate with a false premise and the downside of law reform

Shareholder primacy already requires directors to actively consider non-shareholder interests.

"Watershed time" for companies to improve focus on non-financial risk

ASIC has urged the Boards of all large ASX-listed companies to read its report on Director Oversight of Non-Financial Risk.

APRA commissioned self-assessments of governance, accountability and culture

Information Paper indicates focus areas for APRA in the upcoming period of regulatory supervision.

Industrial manslaughter: do you have a culture of compliance?

Changes in the nature of the legal risk and satisfaction of legal duties arising from fatal workplace incidents.

Rethinking Risk, Taking Action

Key themes and insights on culture and climate risk issues emerging from the discussion at Norton Rose Fulbright’s 2019 Risk Symposium.

Associated resources

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