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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- 08 February 2012
Focus: Government response to gene patenting inquiriesThe Federal Government has releaseda response to three different inquiries relating to the patenting of genes and related biological materials. Partner Sarah Matheson, Senior Associate Tom Reid and Vacation Clerk Lauren John report on the response, which has particular significance to biotech industry participants
- 08 February 2012
Audio: Super Bowl yoghurt ad tastes like John Butler TrioA dispute over the use of a John Butler Trio riff in a US television ad which went to air during the Super Bowl has raised issues over the appropriate use of music. Partner Andrew Wiseman spoke to BRR Media about the lawful use of music in advertising
- 07 February 2012
Client Update: PNG personal property security reform enactedPersonal property securities reform has passed into law in PNG but will not come into force untila security interest registry is established. Partners Steve Pemberton and Vaughan Mills look at the implications of the new law for doing business in PNG
- 07 February 2012
Focus: Workplace RelationsIn this issue we consider whether employees can claim redundancy payments when their roles transfer to a new employer as part of a business sale; the circumstances in which comments posted to a Facebook page might justify termination of employment; what considerations apply when an employee pursues more than one set of proceedings arising from a single workplace scenario; and we provide an update on the national work health and safety legislative framework
- 03 February 2012
Client Update: 'TV Now' shifts goalposts on copyright holders' rightsThe Federal Court has held that Optus's 'TV Now', which allows users to record and play back free-to-air television programs on various devices, does not infringe the rights of those who own copyright in the television programs. Partner Andrew Wiseman and Summer Clerk Ashleigh Shand report
- 02 February 2012
Focus: Additional disclosure by infrastructure entities for retail investorsIn response to some highly publicised retail investor losses, the Australian Securities and Investments Commission has introduced new disclosure benchmarks and principles applying to listed and unlisted infrastructure entities. Partner Susan Burns and Senior Associate Marc Kemp examine the changes
- 01 February 2012
Audio: Megaupload lessons for cloud computing usersThe recent closure of the Megaupload site has raised some questions about the use of cloud computing services. Partner Niranjan Arasaratnam spoke to BRR Media about the implications of the case and what businesses using or looking to use cloud computing need to do to make sure their data is secure
- 31 January 2012
Focus: Personal property securities reform and what it will mean for M&A transactionsSweeping changes to Australia's personal property securities laws have just come into operation, with far-reaching consequences for business. Partners Steve Pemberton and Greg Bosmans, and Senior Associate Vida Wongseelashote, report on how M&A transactions will be affected
- 27 January 2012
Focus: Every wind farm needs good neighbours: NSW unveils 'toughest' wind farm guidelinesWind farm applicants will need to meet stringent approval requirements, relating to community protection, under tough new draft guidelines. Partner Jim Parker and Lawyer Rebecca Linquist report
- 27 January 2012
Focus: Changes to bulky goods retailing in VictoriaRecent amendments to Victorian Planning Schemes expand opportunities for those involved in the retailing of bulky goodsand create potential for greater retail competition. Special Counsel Meg Lee and Lawyer Katherine Kirby report
- 25 January 2012
Focus: The issue of foreign investment in Australian agricultureThe Australian Government has used the release ofa report on foreign investment and Australian agriculture as an opportunity to reaffirm its support for foreign investment in the agricultural sector and articulate the issues that it considers when applying the national interest test to proposals for foreign investment in the sector. Partner Marcus Clark and Consultant Alan Millhouse report on this and other recent events relevant to foreign investment in Australian agriculture
- 25 January 2012
Audio: ATO rules on premiums paid on renounceable rights issuesThe Australian Taxation Office has today issued a ruling on retail premiums paid to shareholders who do not participate in renounceable rights issues. Partner Martin Fry spoke to Boardroom Radio about the practical implications of the ruling
- 23 January 2012
Audio: Offensive words as trade marksA decision last week approving the trade mark 'Nuckin Futs' has highlighted some of the issues surrounding registering potentially offensive words as trade marks. Partner Sarah Matheson spoke to Boardroom Radio about the way the law and attitudes have changed in regard to this issue
- 19 January 2012
Client Update: Fair Work Act review panel seeks stakeholder submissionsYesterday, the Federal Government's Fair Work Act review panel released its background paper. Partner Simon Dewberry looks at the paper and the process of making a submission
- 17 January 2012
Client Update: Changes to duty on exploration permits in QueenslandThe Queensland Government has announced stamp duty changes that have the potential to impact significantly on any transactions that directly or indirectly deal with exploration permits or authorities to prospect. Partner Katrina Parkyn reports on the changes, which reverse the previous rules whereby these transfers were not dutiable
- 17 January 2012
Audio: Stamp duty changes for miners in QueenslandThe Queensland Government has announced stamp duty changes that have the potential to impact significantly on any transactions that directly or indirectly deal with exploration permits or authorities to prospect. Partner Katrina Parkyn spoke to Boardroom Radio on the changes, which reverse the previous rules whereby these transfers were not dutiable
- 16 January 2012
Focus: Cambodia introduces new Civil CodeA new Civil Code that will significantly change Cambodia's legal framework for a wide range of civil and commercial matters has recently come into force. Partner Marae Ciantar and Lawyer Anne Beresford report.
- 11 January 2012
Focus: Liberalising cross-border investment in RMBThe Chinese Government has made further moves towards the internationalisation of its currency with the release of a number of regulations regarding the use of the RMB both in investments made by Chinese companies overseas and, significantly, investments made by overseas companies into the PRC. Special Counsel Ross Keene, Senior Associates Adrian Fisher and Maggie Ma and PRC Consultant Michelle Ding report
- 10 January 2012
Focus: Hong Kong enforces PRC 'med-arb' awardIn brief: Hong Kong's pro-enforcement approach to arbitral awards has been confirmed by a recent Court of Appeal decision. It overturns the lower court's order refusing to enforce a PRC arbitral award on the ground of apprehended bias due to the way a 'med-arb' process was conducted. Partner Mun Yeow and Senior Associate Morgana Brady report
- 10 January 2012
Focus: Greater environmental notification obligations in QueenslandCompanies and individuals involved in activities in Queensland that have the potential to impact on the environment should be aware that the duty to notify of environmental harm has been expanded by recent legislative amendments. Partner Bill McCredie, Lawyer Gobind Kalsi and Summer Clerk Sarah Hampson outline the changes
- 22 December 2011
Focus: Urban Restricted Areas to be formalised for resources activities in QueenslandResource developers in Queensland will need to be aware of potential constraints to their activities as a result of recently proposed legislative amendments that will place permanent restrictions on carrying out resource activities (including mining) in close proximity to urban communities. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi look at the proposed changes
- 22 December 2011
Focus: New guidance on disclosing non-IFRS financial informationTo promote the proper disclosure of financial information that is not prepared according to accounting standards, and to assist directors and others not to mislead investors and other users of financial information, the Australian Securities and Investments Commission has issued guidance on its use and presentation. Partner Robert Pick and Senior Associate Jonathan Teo report on the impact of this on financial reporting
- 21 December 2011
Focus: Workplace RelationsWe look at the operation of a post-termination restraint of trade clause; an adverse action claim arising in the context of performance management by an employer; a decision allowing prepayment of annual leave entitlements under the National Employment Standards; and changes to work health and safety legislation affecting principal contractor appointments in Queensland
- 20 December 2011
Focus: IP and the transition to the Personal Property Securities ActCompanies and individuals that own, license or hold security interests in intellectual property should be aware that the Personal Property Securities Register will go live on 30 January 2012, ushering in the reforms implemented by the Personal Property Securities Act 2009. Partner Tim Golder, Senior Associate Tom Reid and Vacation Clerk Geoff McGrath look at the transitional arrangements and the implications of the new regime
- 19 December 2011
Focus: Proposed reforms to insolvency industry regulationThe way the insolvency industry is regulated could be reformed under proposals contained in a Federal Government paper. The reform is aimed at promoting a high level of practitioner professionalism and competency, and increased efficiency in insolvency administration. Partner Michael Quinlan, Lawyer Laura Racky and Summer Clerk Nicole Meyer report
- 19 December 2011
Focus: Preparing for the spectrum reallocation saleThe Federal Government is now in the preparatory stages of the auction process for the simultaneous sale of the 700 MHz and 2.5 GHz bands that is to take place during 2012-13. Partner Ian McGill, and Lawyers Valeska Bloch and Matthew Tracey report on the status of the upcoming auction and reallocation process
- 16 December 2011
Focus: Holding buyers to off-the-plan contractsIn brief: Two recent Supreme Court of Queensland decisions are likely to provide a great deal of confidence for property developers and financiers wanting to enforce contracts for off-the-plan residential developments. Partner Tracey Harrip, Senior Associate Belinda Boulton and Law Graduate Christopher Pintegne report on the decisions that should also discourage speculative buyer litigation
- 15 December 2011
Focus: Cloud computing - what you need to knowCloud computing is one of the fastest-growing global trends in the delivery of IT services, and the Australian Government Information Management Office recently released draft best practice guides that are a useful reminder of what to consider in deciding whether to use cloud computing services. Partner Niranjan Arasaratnam and Lawyers Margaret Walsh and Joelle Vincent report
- 15 December 2011
Audio: Media rule convergence beginsThe Federal Government has released its interim report looking into Australia's media arrangements. Partner Ian McGill spoke to Boardroom Radio about the sweeping changes to Australia's current media regulatory system if the report's recommendations are adopted
- 14 December 2011
Audio: Push for retail corporate bond marketThe Federal Government has released a discussion paper that outlines proposals to reform the Australian retail corporate bond market. Partners Stuart McCulloch and David Clifford spoke to Boardroom Radio about some of the proposals and what their implementation may mean for the market
- 13 December 2011
Focus: A newly determined Privacy CommissionerThe Australian Privacy Commissioner has made its first determination in response to a complaint since 2004. Partner Michael Pattison and Lawyer Margaret Walsh report on this decision, where an organisation was required to pay damages, issue a written apology and provide privacy training to staff
- 12 December 2011
Client Update: Bank fees class actionIn the important class action brought against the ANZ Bank on the issue of various fees, the Federal Court has looked at the principles of penalties generally. Partners Diccon Loxton, John Gallimore, Phillip Cornwell and Lawyer Rob Clark look at the decision, where the court found that to be a penalty, a clause must sanction a breach of an obligation under an agreement
- 12 December 2011
Audio: Durban climate wrap: another new roadmapThe latest round of climate change talks, held in South Africa, resulted in an agreement to extend the Kyoto Protocol and a roadmap to guide future negotiations towards a comprehensive treaty. Lawyer Fergus Green spoke to Boardroom Radio about what the outcome in Durban means for future climate change negotiations and the Australian carbon pricing scheme
- 12 December 2011
Audio: Board reflections post-CentroCompany boards have been reviewing and renewing processes in the wake of the Centro decision. Chairman Ewen Crouch spoke to Boardroom Radio about the way directors are dealing with their duties in the current climate
- 09 December 2011
Focus: The way ahead for planning in NSW?Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report
- 09 December 2011
Audio: Oracle holds buyers to contractThe Supreme Court of Queensland handed down two significant decisions last week regarding off-the-plan contracts. Partner Tracey Harrip spoke to Boardroom Radio about the decisions and the implications for the residential property industry
- 05 December 2011
Focus: Privacy Commissioner's tough new approach to information leaksThe Australian Privacy Commissioner has outlined strict new tactics to deal with companies that are careless with customer or user data. Partner Michael Pattison and Lawyer Luke O'Sullivan report
- 01 December 2011
Focus: Draft Murray-Darling Basin Plan releasedThe Draft Murray-Darling Basin Plan, released this week, marks a major shift in the management of water resources towards providing more water for the environment, but significantly less than was proposed last year. Partner Chris Schulz and Lawyer Fergus Green report
- 01 December 2011
Client Update: ACCC loses Metcash appealThe Full Federal Court has dismissed all grounds of the Australian Competition and Consumer Commission's appeal in the Metcash case. Partner Jacqueline Downes and Lawyer Nicholas Mendoza-Jones report
- 01 December 2011
Audio: Outlook for floating LNG projects remains positiveFloating LNG will be one of the important topics to be discussed at next week's World Deepwater Summit in Shanghai. Partner Darren Murphy, who will be presenting at the summit, spoke to Boardroom Radio about the outlook for floating LNG in Asia
- 30 November 2011
Focus: Is it easier to bring proceedings against companies in administration?In a welcome development for anyone wanting to bring court proceedings against a company in administration, the NSW Supreme Court has lifted the statutory moratorium on proceedings against a company in administration to allow a plaintiff to enforce an arbitral award. It has also clarified its role in enforcing arbitral awards. Partner Michael Quinlan and Lawyer Jonathan Adamopoulos report
- 30 November 2011
Focus: Workplace RelationsWe look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim
- 30 November 2011
Focus: Arbitral award enforced against a company in administrationIn two recent related decisions, the NSW Supreme Court has lifted the statutory moratorium on proceedings against a company in administration and allowed a plaintiff to enforce an arbitral award against the company. Partner Michael Quinlan, Special Counsel Nicola Nygh and Lawyer Jonathan Adamopoulos report
- 29 November 2011
Focus: The Queensland floodplain: fertile ground for land use planning reformIn response to the Queensland floods last summer, scrutiny has fallen on the existing regulatory regime for development in floodplains and its shortcomings. Before the Queensland Floods Commission of Inquiry delivers its findings in the new year, an interim planning response has been implemented. Partner Bill McCredie and Lawyer Michael Zissis describe the implications of the interim policy and predict further reform of land use planning controls in Queensland's floodplains
- 28 November 2011
Client Update: Queensland retail shop leases legislation up for commentPublic comment is being invited on the legislation governing Queensland retail shop leases, as part of a regular review to determine its suitability for the state's retail leasing environment. Partner Paul Newman and Senior Associate Jaelle Berkovits report
- 25 November 2011
Focus: Landlords' enforcement of possession during company administrationLandlords need to be aware of moratorium provisions under the corporations legislation that may prevent them from enforcing their rights to possession of premises where the tenant is under administration. Senior Associate Amy Hoban and Law Graduate Ashleigh Dixon report on a recent Victorian Supreme Court decision
- 24 November 2011
Focus: Significant changes to NT mining regulationRecent changes to mining legislation in the Northern Territory flag greater government intervention in, and oversight of, environmental failures in the territory's mining operations. Partner Chris Schulz, Senior Associate Emily Gerrard and Law Graduate Katherine Kirby look at the changes that now also include criminal sanctions for environmental offences
- 23 November 2011
Focus: Insurance issues arising from the Thai floodsIt seems inevitable that the floods currently affecting much of Thailand will give rise to a range of legal issues for both insurers, reinsurers and insureds. Drawing on our experiences following the recent floods in Queensland, Partner Matthew Skinner and Lawyers John Rainbird and Ainsley Reid consider some of the policy issues that can arise in these situations, including the definition of 'flood', underinsurance, and the importance of effective communication between insurers and policyholders
- 23 November 2011
Audio: Private equity market updateThis week, Allens Arthur Robinson released its Private Equity Market Update. The outlook for the private equity market in Australia in 2012 is positive, according to the report. M&A Partner and Co-Head of Private Equity Practice Tom Story talks to Boardroom Radio about where private equity is heading in 2012
- 22 November 2011
Focus: Major changes to flood insurance proposedFlood cover may become mandatory in home building and home contents insurance policies, among other significant changes proposed in the Natural Disaster Insurance Review Panel's final report on its inquiry into flood insurance and related matters. Partners Dean Carrigan and John Morgan, Senior Associate Katherine Hayes and Lawyer Andrew Lazzaro report
