Insights
Analysis, not commentary.
Periodic writing from the firm’s principals on regulatory enforcement, disputes, governance, and negotiation. Published when there is something specific to say.
Regulatory · Governance · Dispute Strategy
Regulatory
May 2026
AUSTRAC's enforcement posture and the AML/CTF documentary architecture
Analysis of AUSTRAC's May 2026 enforcement investigation into Tabcorp and what the regulator's posture signals for the documentary record of AML/CTF governance across regulated entities.
William O'Halloran, Principal
Regulatory
March 2026
Climate disclosure and the new architecture of director inquiry
How mandatory climate reporting under ASRS S2 creates a director-duty problem, and what proper board inquiry on climate disclosures looks like in practice across assumptions, governance interfaces and decision records.
William O'Halloran, Principal
Governance
February 2026
Board governance under heightened scrutiny: what boards are now asked to prove
Australian regulators have moved from asking whether a board has governance frameworks to asking what the board can evidence: s 180(1) stepping-stone exposure, cyber resilience after RI Advice, and CPS 230's operational-risk discipline.
Alexander Gunning, Associate
Regulatory
November 2025
Gatekeeper enforcement and the architecture of board inquiry
Why ASIC's gatekeeper enforcement posture makes the board's exposure documentary rather than financial, and how board paper, minute, escalation and reliance design determines whether the record demonstrates inquiry or reliance.
William O'Halloran, Principal
Dispute Strategy
September 2025
Founder and shareholder disputes: the mechanics of escalation
Why Australian founder and shareholder conflicts escalate at predictable capital-structure transitions, how the oppression remedy in Part 2F.1 shapes the endgame, and why the negotiation is usually decided before proceedings are filed.
Alexander Gunning, Associate
Regulatory
July 2025
After the 2021 fault element: the disclosure-claim defence reset
How the 2021 fault amendments to the continuous disclosure regime reshaped securities-claim pleading, why the contemporaneous record now matters more rather than less, and what a defence-side redesign of the disclosure-decision architecture involves.
William O'Halloran, Principal
Regulatory
June 2025
Sequencing in a public regulatory investigation
Why the order of operations across regulator engagement, privilege, disclosure, market communication and media positioning is itself the strategy.
William O'Halloran, Principal
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