Our experienced legal team regularly publishes articles and updates on a wide range of legal topics - you'll see the most recent publications listed below.
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- 12 March 2010
Focus: Exploration licences and land access arrangements in NSWIn a recent judgment, the Supreme Court of NSW considered the validity of land access arrangements where not all those with an interest in the property (in this case, the mortgagees) had been notified of the licence holder's intention to obtain access arrangements, nor were the mortgagees party to such arrangements. Partner David Maloney and Senior Associate Georgina Cowdroy report
- 09 March 2010
Focus: Causation in lung cancer and other disease casesThe High Court of Australia decided that the asbestos exposure of a smoker who died of lung cancer was not a cause of his injury. The decision highlights the substantial evidentiary burdens imposed on plaintiffs attempting to prove causation in negligence claims where there is no certain medical or scientific proof of what caused their injuries. Partner Andrew Maher reports
- 05 March 2010
Focus: Changes to unconscionable conduct laws and Franchising Code of ConductThe Federal Government has released the report of the expert panel appointed to examine proposals for regulation of the unconscionable conduct provisions in the Trade Practices Act 1974 (Cth), and agreed to clarify the provisions, and consider amending the Franchising Code of Conduct to require greater disclosure about franchise agreements and their risks. Partners Carolyn Oddie and Tim Golder and Senior Associates Robyn Chatwood and Alexander Gelis report
- 02 March 2010
Client Update: Changes to Renewable Energy Target scheme announcedChanges to the Renewable Energy Target scheme announced by the Federal Government will help progress projects to develop wind, solar and geothermal energy that have been on hold. Partner Grant Anderson and Lawyer Nick Buttner report
- 02 March 2010
Client Update: ASIC market regulation - proposed Market Integrity RulesOn Friday, 26 February, the Australian Securities and Investments Commission released a Consultation Paper outlining its proposed Market Integrity Rules, as part of the transfer of market supervisory functions from market operators to ASIC. Partner Richard Spurio and Lawyer Jaime McKenzie report on what ASIC's proposed regime will mean for the future supervision and regulation of Australian financial markets
- 02 March 2010
Focus: ICSID arbitrator disqualified for comments in mediaThe Permanent Court of Arbitration at The Hague recently upheld a challenge that a state-respondent had brought against a leading arbitrator, holding that comments the arbitrator had made to the media gave rise to doubts regarding his impartiality or independence. Partner Matt Skinner, Research Assistant James Pearse and Lawyer Dr Sam Luttrell report
- 02 March 2010
Client Update: Agriculture v mining - Queensland moves to protect key cropping landTo ensure key food-producing land in Queensland is protected in the long term, the Queensland Government has created a new policy and planning framework for how other forms of development, such as mining and urban development, are to be undertaken on 'strategic cropping land'. Project proponents with 'incompatible' uses on declared strategic cropping land may find their projects cannot proceed. Partner Ben Zillmann and Senior Associate Rochelle Carey examine some of the key elements to the policy
- 26 February 2010
Paper: Implications of the Federal Court's decision in the Lehman Brothers collapseIn City of Swan v Lehman Brothers Australia Ltd, the Full Court of the Federal Court unanimously held that section 444D of the Corporations Act 2001 (Cth) (the Corporations Act) does not authorise a deed of company arrangement that releases or compromises creditors' claims against third parties
- 24 February 2010
Focus: Valuation of land - new retrospective amendmentsThe Queensland Government recently introduced contentious new legislation into Parliament which has sparked concern in a property industry still feeling the effects of the global financial crisis. Partner Bill McCredie and Lawyer Eve Lynch report
- 24 February 2010
Focus: Workplace RelationsWe look at thedangersof potential demotion during restructures andthe cost to employers; the protection of employers' confidential information; the obligationfor employers to provide a'reasonable opportunity' for their employees toconsider an enterprise agreement; and the states referring workplace regulation to the federal jurisdiction
- 19 February 2010
Client Update: New tax agent laws may catch franchisors' services to franchiseesNew Federal Government laws, which commence on 1 March 2010, will require franchisors to register as an agent with the Tax Practitioners Board if they provide tax or business activity statement services assisting franchisees to meet obligations under tax laws such as those for GST, PAYG and FBT. Partner Tim Golder and Senior Associates Robyn Chatwood and Marc Johnston report
- 17 February 2010
Focus: What we learned from the GFC: ASX's view on the state of capital raising in AustraliaThe Australian Stock Exchange recently released a paper that examines capital raising in Australia during the global financial crisis. Partners Robert Pick and Steve Clifford and Senior Associate Charlie Harrison report on the paper that gives a positive report card to the relevant regulatory regime
- 15 February 2010
Focus: Court completely forgives director's insolvent trading liabilityFor the first time, a judge has exercised his discretion under the Corporations Act 2001 (Cth) to provide a director with complete relief from penalty following a finding of insolvent trading. Partner Michael Quinlan and Lawyer Catherine Zahra report on a recent Federal Court decision
- 15 February 2010
Client Update: Indigenous cultural heritage legislation under reviewIn 2004, the Queensland Government introduced legislation that produced sweeping changes to the regulation of the protection of Indigenous cultural heritage in the State. That legislation is now under review.Partner Ben Zillmann and Senior Associate Rochelle Carey examine some of the key changes being considered
- 12 February 2010
Focus: Takeovers Panel releases updated guidance notesThe Takeovers Panel has released the final revised versions of its guidance notes on lock-up devices, frustrating action, funding arrangements and rights issues. While most of the changes involve simplification and updating, there are more substantive changes to the Panel's guidance on certain issues. Partner Cameron Price and Senior Associate Emin Altiparmak identify those changes
- 11 February 2010
Focus: Fraudulent non-disclosure and avoidance in a TPD policyThe New South Wales Supreme Court has clarified its approach in cases of fraudulent non-disclosure in life insurance policies and the meaning of 'totally and permanently disabled'. Partner Matthew Skinner and Lawyer Simone Collier report
- 11 February 2010
Focus: Database copyright in turmoil- Judge points to CanberraA single judge of the Federal Court has held that copyright does not subsist in the White Pages and the Yellow Pages. Partner Jackie O'Brien and Lawyer Gary Lo report on a decision that has important ramifications for the copyrightin compilations of factual information
- 08 February 2010
Focus: Copyright infringement of well-known musical workA Federal Court ruling that Men At Work's hit song Down Under infringed the copyright of popular folk tune Kookaburra sits in the old gum tree recognises that infringement occurs where a substantial part of a copyright work is reproduced, even if it does not amount to a substantial part of the other work. Partner Jim Dwyer and Lawyer Louise Chau report on the case.
- 08 February 2010
Focus: ISPs off the hook - for nowA highly anticipated Federal Court decision, finding that iiNet had not authorised copyright infringements committed by users of its services, has been handed down. This case has attracted global interest, and is the first in the world of its kind to reach hearing and judgment. Partner Andrew Wiseman and Lawyer Amanda Parks report.
- 04 February 2010
Focus: Tax on sale of indirect interests in PRC companies by non-residentsThe PRC State Administration of Taxation has recently issued a circular stating that PRC non-residents may be liable to pay PRC tax when transferring offshore companies that directly or indirectly hold shares in PRC companies. Partner Campbell Davidson, Senior Associate Ross Keene and Consultant Wen Zhang report
- 04 February 2010
Focus: Important changes to Australia's foreign investment rulesThe Foreign Acquisitions and Takeovers Act 1975 (Cth) has been amended so that transactions that result in foreign investors gaining, whether now or in the future, influence or control over an Australian company are now subject to Australia's foreign investment rules. In addition, there have been several other developments in foreign investment regulation, as Partners Alex Ding and Phillip Cornwell and Lawyer Tim Cardiff report
- 04 February 2010
Client Update: High Court quashes employer's OHS convictionYesterday the High Court unanimously quashed the conviction of an employer-company and its director for breaches of its OHS obligations following the fatality of an employee. The court's decision will have a significant impact on the interpretation of NSW employers' OHS duties and the way in which prosecutions are brought for breaches of all OHS legislation in Australia. Partner Peter Arthur and Lawyer Jonathan Adamopoulos report
- 03 February 2010
Focus: APRA releases guide on the management of IT securityThe Australian Prudential Regulation Authority has published a prudential practice guide, Management of security risk in information and information technology, to assist APRA-regulated institutions manage security risk for their information and information technology. Partner Michael Pattison and Lawyer Oliver Evans report
- 02 February 2010
Focus: Digital Dividend Green Paper releasedThe Federal Government has released a Green Paper calling for submissions on the potential size, location, uses, costs and benefits of the digital dividend, ahead of analogue television switch-off commencing this year. Partner Ian McGill, Lawyer Valeska Bloch and Summer Clerk Rebecca Linquist report
- 01 February 2010
Focus: China clarifies 'beneficial owner' under double taxation agreements to address 'treaty shopping'The PRC State Administration of Taxation recently released a circular clarifying when an offshore company will be considered the 'beneficial owner' of a PRC company for the purpose of obtaining relief under a double taxation agreement. Partner Campbell Davidson, Senior Associates Maggie Ma and Ross Keene, and Consultant Wen Zhang report
- 25 January 2010
Client Update: Proposed amendments to enhance APRA's powers over insurersDraft legislation has been released for public consultation that, if passed, will substantially enhance the Australian Prudential Regulation Authority's power in respect of regulated entities, with the intention of strengthening the authority's ability to manage a financial sector crisis. Partner Dean Carrigan and Senior Associate Amanda Taylor report.
- 20 January 2010
Focus: Productivity Commission's Final Report on executive remuneration in AustraliaIn the midst of the traditional new year holiday period, the Federal Government released the Productivity Commission's final report on executive remuneration in Australia. Allens Executive Partner Paul Quinn and Lawyer Ben Ferguson summarise the findings of the Productivity Commission and analyse its recommendations on the reporting of executive remuneration
- 20 January 2010
Focus: Government announces package of reforms to Australia's corporate insolvency lawsThe Federal Government's package of reforms to Australia's corporate insolvency laws, announced yesterday, proposes the adoption of additional mechanisms to encourage the reorganisation of companies in financial distress outside of external administration. The paper invites interested parties to make written submissions to the Treasury, which must be lodged by 2 March 2010. Partner Michael Quinlan and Lawyer Catherine Zahra report
- 18 January 2010
Focus: Changes to real estate laws and policies in ChinaThe General Office of the PRC State Council, the China Banking Regulatory Commission and the PRC Ministry of Land and Resources have recently introduced new policies aimed at controlling the price of residential properties in China.Partner Campbell Davidson, Senior Associates Maggie Ma and Ross Keene and Consultant Wen Zhang look at these changes.
- 15 January 2010
Client Update: Abolition of office of Victorian Mining Warden recommendedThe Victorian State Services Authority has reported on its review of the role of the Victorian Mining Warden. The report's recommendations include the abolition of the office of Mining Warden and the redirection of most of its functions to other existing entities. Partner Igor Bogdanich and Lawyer Ben Strate discuss the key aspects of the report
- 14 January 2010
Focus: UK report on business and human rightsA major United Kingdom Parliamentary Committee report on business and human rights in the UK recommends that the UK Government develop a clear set of standards that UK businesses would be expected to meet in order to comply with their responsibility to respect human rights. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Catie Shavin look at the report, which also calls on the UK to provide leadership on international business and human rights issues
- 13 January 2010
Focus: Asia Finance - When a little bit of knowledge can be dangerous - the 'indoor management rule'The long-established common law 'indoor management rule' protects outsiders in their dealings with companies and allows them to assume that a company's internal management requirements have been complied with. A recent Hong Kong Court of Final Appeal decision has examined the circumstances in which a lender would be put on notice of possible internal procedural irregularities in the borrower's approval process, thereby limiting the lender's ability to rely on the indoor management rule. Partner Matthew Barnard and Senior Associate Justin Chin report
- 11 January 2010
Focus: The new Australian Consumer Law and funds managementPartner Susan Burns and Lawyer David Marcus consider how the proposed Australian Consumer Law will affect managed fund products.
- 23 December 2009
Focus: Copenhagen - a (small) step forwardAfter years of planning, months of great expectation, weeks of negotiation, days of drama and a crucial few final hours of exasperated deal-making, world leaders emerged late last Friday with a tentative political accord that sets out the broad framework from which a comprehensive treaty to address climate change may eventually emerge. Partner Grant Anderson and Lawyer Fergus Green report on the outcome of the Copenhagen Conference and its implications for Australia
- 23 December 2009
Client Update: ASIC releases new best practice proposalsThe Australian Securities and Investments Commission has released a consultation paper seeking comment on proposed best practice guidelines for the handling of confidential information by companies and advisers. Partner Tim Lester and Lawyer Bree Rowswell look at the new proposals
- 21 December 2009
Focus: Workplace RelationsWe look at whether employers can communicate directly with their employees even though they are engaged in good faith bargaining with a trade union; a case that shows that deeds of release are not absolute; and the circumstances where Fair Work Australia may suspend protected industrial action on the grounds of significant economic harm
- 18 December 2009
Paper: One hat does not fit all - Climate change polices in the Asia Pacific regionPartner Grant Anderson and Lawyer Fergus Green review 13 Asian nations' climate change regimes
- 18 December 2009
Focus: ACT security of payment legislationLegislation recently passed in the ACT brings it into line with the rest of Australia by giving contractors the right to receive regular progress payments, whether or not they are provided for in the relevant contract. Partner Leighton O'Brien and Lawyer Patrick Brown explain
- 18 December 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, copyright, patents and sponsorship/marketing
- 17 December 2009
Client Update: ATO releases draft rulings on foreign private equity investorsPartner Michael Rigby looks at two new important tax draft determinations released by the ATO yesterday dealing with foreign investors in Australian assets
- 16 December 2009
Client Update: Legislative amendments to support international arbitration in AustraliaAmendments to clarify the operation of the International Arbitration Act 1974 and support the practice of international arbitration in Australia have been introduced into Federal Parliament. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell look at the amending legislation
