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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- 02 September 2010
Focus: Extrinsic evidence and interpreting 'gap' insurance policiesA recent NSW Court of Appeal decision helps clarify the circumstances when extrinsic facts may be taken into accountin interpreting written contracts and is a reminder of the precision required when drafting insurance coverage clauses. Partner Dean Carrigan and Lawyer Rhiannon Eagles look at the decision
- 01 September 2010
Focus: The application of the Victorian security of payments legislationThe Victorian Supreme Court recently clarified aspects of the Victorian security payments regime when it severed parts of a payment claim that properly identified construction work claimed under the legislation from those that did not, and also found that, in some circumstances, payment claims could be served after termination. Partner Nick Rudge, Lawyer Nicholas Gallina and Law Graduate Daniel Elliott review the decision
- 01 September 2010
Client Update: Octaviar in the High Court - The issues appear dead, buried and crematedThis morning, the High Court unanimously rejected the appeal from the decision of the Queensland Court of Appeal and thus quashed the first instance decision in Octaviar which had thrown long-accepted practices into doubt. On a first reading, affected parties can now relax. Partners Diccon Loxton and Andrew Boxall and Lawyer Michael Wells report
- 31 August 2010
Client Update: Abridged PDS regime for some financial productsThe Australian Securities & Investments Commission hopes that excessive jargon and unnecessary information that hampers investors making informed investment decisions will be limited under new corporations regulations on certain product disclosure statements. Partner Anna Lenahan and Senior Associate Marc Kemp look at the changes that mean some superannuation products and margin loans, as well as interests in simple managed investment schemes, may only be issued under a product disclosure statement limited to a certain number of pages
- 30 August 2010
Client Update: Ideas sought for effective use of social media in civil litigationA consultation paper seeking suggestions about how social media can be used effectively in civil litigation has been released by the Supreme Court of Singapore. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 30 August 2010
Focus: Personal property securities reforms and intellectual propertyThe far-reaching personal property securities reform isdue to come into force in May 2011 and companies with significant intellectual property assets will be affected by the sweeping changes the new legislation will bring to Australia's commercial law.Partners Diccon Loxton andTim Golder, Special Counsel Rebecca Sadleir and Senior Associate Robyn Chatwood report on how the changes will affect IP owners
- 26 August 2010
Focus: Standards, bans and noticesThe product safety provisions of the new Australian Consumer Law create a national regulatory framework to be administered jointly by the Australian Competition & Consumer Commission and by state and territory regulators. Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Stuti Sethi outline the new regime for safety standards and permanent bans, which involves a transfer of power to the Commonwealth and allows safety standards, bans and warning notices to be imposed on product-related services, as well as consumer goods
- 25 August 2010
Focus: Three into Part IVA ain't badWhile the decisions in three recent Federal Court cases deliver mixed results for taxpayers, they offer guidance on the application of Part IVA of the Income Tax Assessment Act 1936 (Cth). The Citigroup case is particularly relevant to multinationals and finance entities. Partners Charles Armitage and Malcolm Stephens and Senior Associate Chris Peadon report
- 24 August 2010
Focus: ACCC issues its first warning noticeThe Australian Competition and Consumer Commission has recently issued its first Public Warning Notice for misleading claims in advertisements. Partner Wendy Peter and Senior Associate Alexander Gelis report on the first time this power has been exercised, following its introduction as part of the Australian Consumer Law amendments to the trade practices legislation
- 24 August 2010
Focus: Court clarifies extent of receiver's lienA recent decision of the NSW Supreme Court has helped to clarify the extent of a receiver's indemnity and lien and confirmed that a receiver will not be entitled to retain funds upon the end of an appointment where there is no demonstrated basis for a finding of actual or future liability of the receiver. Partner Michael Quinlan and Lawyer Madeleine Ellicott report
- 23 August 2010
Client Update: New US registration requirements for fund managers and investment advisersManagers and advisers of investment funds with clients or assets in the United States may face new registration and reporting obligations with the US Securities and Exchange Commission. Partner Robert Clarke and Senior Associate Marc Kemp consider the impact of the US Dodd-Frank Wall Street Reform and Consumer Protection Act.
- 19 August 2010
Focus: NSW Court of Appeal confirms third parties' direct recourse to section 54The New South Wales Court of Appeal has confirmed that third parties who seek to bring direct claims against insurers under the NSW Law Reform (Miscellaneous Provisions) Act 1946 are able to benefit from the remedial provisions under section 54 of the Insurance Contracts Act 1984 (Cth). Partner John Edmond, Senior Associate Philip Hopley and Lawyer Isaac Gibbs report
- 19 August 2010
Focus: High Court leaves third-party release distinction between schemes and DOCAs unchallengedIn two recent decisions, the High Court of Australia has refused to entertain criticism of the Full Federal Court's decision in Fowler v Lindholm, in which it was held that creditors can be bound by a scheme of arrangement under Part 5.1 of the Corporations Act in relation to debts owed by persons other than the company. Partners John Warde and Michael Quinlan and Lawyers Catherine Zahra and Patrick Crisp report
- 19 August 2010
Paper: 5th John Lehane Memorial Lecture - August 2010Lord Hoffman discusses the influence of European law on the common law in English courts
- 19 August 2010
Focus: Unauthorised clearing of native vegetation punishable by jail timeIn a recent decision, the Supreme Court of Western Australia sentenced a farmer to three months' jail for contempt of court involving the breach of an interim injunction restraining the clearing of native vegetation without a permit. Special Counsel Robyn Glindemann and Law Graduate Kate Naude report
- 17 August 2010
Audio: Capital raising reforms unnecessaryISS Governance Services has released a report analysing the Australian equity capital market in 2008 and 2009 and includes suggested reforms. Partner and Co-Head of the Capital Markets Practice Group, Robert Pick, speaks to Boardroom Radio about the report and explains why many of the suggestions are unnecessary
- 16 August 2010
Client Update: Impact of new US disclosure law on resources companiesResources companies registered with the US Securities and Exchange Commission will have to comply with new US legislation requiring disclosure of certain payments to governments. Partners Marae Ciantar and Darren Murphy look at the practical operation and effect of section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
- 16 August 2010
Focus: Restraining former employees from soliciting clientsA recent case in the New South Wales Supreme Court provides guidance to insurance brokers when restraining former employees from soliciting clients. Partner John Edmond and Lawyer Andrew Stirling report
- 13 August 2010
Audio: DA laws to boost retail competition in NSWRetailers in New South Wales could find it easier to open new stores under a draft State Environment and Planning Policy. Partner Paul Lalich speaks to Boardroom Radio about the potential impact on NSW retailers and landowners under the policy
- 11 August 2010
Focus: High Court rules that unenforceable liabilities can be indemnifiable lossesThe High Court of Australia has rejected an insurer's argument that, if a liability of an insured cannot be enforced, that insured has suffered no indemnifiable 'loss'. As Partner Malcolm Stephens and Law Graduate Laura Johnston explain, the court distinguished between the existence of a liability and the ability to enforce that liability
- 11 August 2010
Client Update: Consultation paper on group insurance policies releasedThe Monetary Authority of Singapore has released a consultation paper inviting comment on the proposed introduction of legislative safeguards aimed at protecting insureds under a group policy by minimising the opportunities for fraud on the part of the policy owner. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 11 August 2010
Focus: The UNCITRAL Arbitration Rules 2010The United Nations Commission on International Trade Law has pre-released the updated UNCITRAL Arbitration Rules 2010. The new UNCITRAL Rules are an attempt to provide a more effective dispute resolution process in light of some pervasive issues that did not exist when the original rules were created in 1976. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the changes
- 10 August 2010
Client Update: New class action regime for NSWThe NSW Attorney General has announced a proposal to introduce a new class action regime for NSW. Partner Ross Drinnan and Senior Associate Jenny Campbell report on the proposal, which is likely to increase the number of class actions commenced in the Supreme Court of NSW
- 10 August 2010
Focus: Personal properties securities reform and the construction industryThe Personal Property Securities Act 2009 (Cth) will commence in May 2011. It covers a wide range of transactions, not just security interests.It is not limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. It makes fundamental changes to the way in which securities are taken and enforced over most forms of property other than land. Significantly for those in the construction industry, the legislation will affect retention of title clauses and rights over temporary works and a contractor's equipment. Partners Leighton O'Brien, Steve Pemberton and Diccon Loxton and Lawyer Merav Bloch report
- 06 August 2010
Competition & Consumer Law QuarterlyWelcome to the first edition of the Allens Arthur Robinson Competition & Consumer Law Quarterly newsletter
- 06 August 2010
Focus: UN Corporate Law Project summary releasedThe United Nations Special Representative on Business and Human Rights recently released a summary of the results of the Corporate Law Project, which identified the extent to which corporate and securities law in 40 jurisdictions currently requires or encourages companies to respect human rights. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Catie Shavin report
- 05 August 2010
Focus: US courts' extraterritorial reach in securities fraud cases reinstatedThe recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act extends the extraterritorial jurisdiction of the US federal courts for claims brought by the US Securities and Exchange Commission and the Department of Justice to enforce federal securities laws in relation to overseas conduct and partially overturns the recent decision of the US Supreme Court in Morrison v NAB. Partner Annette Hughes and Lawyer Dora Banyasz report
- 03 August 2010
Focus: Arbitrability of insolvency related claimsIn a recent case concerning an application for a stay in favour of arbitration, the High Court of Singapore has decided that insolvency related avoidance claims are not arbitrable as they relate to a type of dispute that can only be resolved by the courts. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 03 August 2010
Focus: New Insurance Regulator proposed for Hong KongThe Hong Kong Government has recently proposed establishing an independent Insurance Authority to regulate the insurance market, which would be entrusted with comprehensive powers regarding insurers and insurance intermediaries. Partners Simon McConnell and Mun Yeow and Lawyer Kieran Humphrey consider its key features and potential impact on the market
- 03 August 2010
Focus: Product safety and recall regime and the liability for defective productsA new national scheme for consumer product safety and recall under the Australian Consumer Law will involve broader triggers for the recall of consumer goods, increased regulatory enforcement and greater public exposure of defective products. Partner Annette Hughes, Senior Associate Ric Morgan and Law Graduate Georgina Dimopoulos outline the regime for compulsory and voluntary product recalls and the liability of manufacturers for consumer goods with safety defects
- 02 August 2010
Client Update: Can an informal email constitute a payment schedule in Queensland?The Supreme Court of Queensland has found that an email, despite its relative informality, constituted a payment schedule for the purposes of the Building and Construction Industry Payments Act 2004 (Qld). Partner Stephen McComish and Law Graduate Anne Nguyen report
- 30 July 2010
Client Update: ASIC guidance for directors on preventing insolvent tradingThe Australian Securities and Investments Commission has released a guidance note for directors that sets out what it considers to be the key principles in helping directors understand and comply with their duty to prevent insolvent trading. Partner Richard Harris and Senior Associate Angela Martin report.
- 30 July 2010
Focus: Action Plan for Climate Change announced in VictoriaVictoria plans to reduce its carbon emissions by 20 per cent compared to 2000 levels by 2020, decreasing greenhouse emissions generated by brown coal power plants by up to four million tonnes by 2014. In the absence of a federal Carbon Pollution Reduction Scheme, the Brumby Government claims that the strategies in its Victorian Climate Change White Paper will make Victoria the national leader in addressing the challenges associated with climate change. Partner Grant Anderson, Senior Associate Charlie Harrison and Law Graduate Natasha McNamara report
- 30 July 2010
Focus: HK Companies Ordinance Rewrite - impact on directors and shareholdersThe proposed draft Companies Bill will reform the Hong Kong Companies Ordinance in a number of significant ways. Partners Simon McConnell and Mun Yeow and Lawyer Kieran Humphrey look at the impact of the changes on both the directors and shareholders of Hong Kong companies
- 28 July 2010
Focus: Energy efficiency: election promises and an updateLast week, the Gillard Government announced its election promises, including its intention to introduce various measures designed to promote energy efficiency in business and industry. In part one of this Focus Partner Chris Schulz and Lawyer Nadia Harrison outline policy announcements on coal-fired power stations, light vehicles and tax deductions for expenditure on commercial buildings. In part two theyprovide an update on the progress of the recently enacted energy efficiency disclosure regime for commercial buildings
- 26 July 2010
Client Update: New US disclosure law for resources companiesThe Dodd-Frank Wall Street Reform and Consumer Protection Act, which makes many changes to US corporations law, was signed into law by US President Barack Obama on 21 July 2010. Partner Annette Hughes and Lawyer Swee Leng Harris look at the operation and effect of section 1504 of the Act and what the new disclosure requirements imposed by that section mean for resources companies
- 23 July 2010
Focus: Diversion rights in LNG sale and purchase agreementsAn important aspect of any liquefied natural gas sale and purchase agreement is the extent to which it allows parties to divert LNG cargoes from their original contract destination. Partner Darren Murphy and Senior Associate Alison Baxter consider such diversion rights in light of the Association of International Petroleum Negotiators' model LNG sale and purchase agreement
- 23 July 2010
Focus: National access regime amendedAmendments to the national access regime set out in the Trade Practices Act 1974 (Cth), designed to reduce delay, increase certainty for facility owners and access seekers, and streamline administrative processes, commenced on 14 July 2010. The Act also introduces a new option for proposed facilities to be excluded from the regime. Partner Jacqueline Downes, Senior Associate Verity Quinn and Lawyer Rosannah Healy report
- 21 July 2010
Focus: Personal property securities reforms and the mining and petroleum industriesThe far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and businesses operating in the mining and petroleum sectors will be affected. It covers a wide range of transactions, not just security interests. It is not limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. Partners David Maloney and Diccon Loxton report on how the changes will affect the mining and petroleum industries
- 21 July 2010
Client Update: Developers and management rights schemes: meeting the AFS requirementsRecently, Allens Arthur Robinson obtained for a client an ASIC exemption from the need to hold an Australian financial services licence for management rights schemes at an apartment complex. Partner Tony Davies and Senior Associate Bill Burton report on the exemption, which is thought to be the first of its kind
- 15 July 2010
Focus: Product safety and recall reforms in the Australian Consumer LawWhen the far-reaching Australian Consumer Law comes into effect, it will have a significant impact on the current product safety and recall regime. Partner Annette Hughes, Special Counsel Nicola Nygh and Senior Associate Ric Morgan outline the main aspects of the new regime, which will see a significant transfer of power to the Commonwealth
- 15 July 2010
Focus: The domain name floodgates are about to open!It will soon be possible for companies to register their own generic top level domain names, presenting an unprecedented opportunity for trade mark holders. However, there are significant technical requirements and costs involved and the number of domain name spaces that cybersquatters could use to capitalise on other people's trade marks could be significantly increased. Partner Tim Golder, Senior Associate Jesse Gleeson and Law Graduate Nadia Guadagno report
- 14 July 2010
Focus: Personal property securities reforms and the communications, media and IT industryThe far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and companies operating in the communications, media or technology sectors will be affected by the sweeping changes the new legislation will bring to Australia'scommercial law. Partners Ian McGill and Diccon Loxton and Lawyer Valeska Bloch report on how the changes will affect those sectors
- 13 July 2010
Focus: Forum shopping not a numbers gameThe Singapore Court of Appeal has decided that on the question of whether a particular jurisdiction's court is the appropriate forum to hear a dispute, the answer should be based on the weight given to each connecting factor pointing to or away from it, rather than on the number of each. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 13 July 2010
Focus: Unfair preference dependent on ultimate effect of transactionThe Victorian Court of Appeal recently considered whether mining lease rents and royalty payments made to the Minister administering the Mining Act 1978 (WA) were unfair preferences under section 588FA of the Corporations Act 2001 (Cth). Partner Michael Quinlan and Lawyer Leesa Vanmali report on a decision that may affect a liquidator's ability to recover certain payments in a winding-up
- 13 July 2010
Focus: Significant reforms proposed for native title agreementsThe Federal Government has just released a Discussion Paper outlining a number of measures which, if implemented, would make some significant changes to the negotiation, content, administration and approval of native title agreements. Partner Ben Zillmann and Senior Associate Rochelle Carey explore some of the central themes of the Discussion Paper
- 13 July 2010
Audio: Long road ahead for MySuperThe highly anticipated Cooper Review into superannuation was released last week. Partner Mark Cerche speaks to Boardroom Radio about the review's recommendations, including the MySuper default product, and what the next steps are in the Cooper Review process
- 09 July 2010
Focus: Changing the culture of civil litigation in VictoriaThe way civil litigation is conducted in Victoria could be altered significantly by a raft of recently proposed civil procedure reforms aimed at making the system more accessible, affordable, proportional and timely. Partner Andrew Maher and Senior Associate Matthew McCarthy report
- 09 July 2010
Focus: New minerals tax responds to industry concernsThe Federal Government has announced that it proposes to replace the previously announced Resource Super Profits Tax with a new Minerals Resource Rent Tax that will apply to iron ore and coal projects, and to extend the scope of the existing Petroleum Resource Rent Tax to cover onshore oil and gas projects. Partner Katrina Parkyn and Senior Associate Rory O'Brien report on how the new Minerals Resource Rent Tax responds to industry's key concerns about the previous Resource Super Profits Tax, and what the extension of the Petroleum Resource Rent Tax is likely to mean for onshore oil and gas projects in Australia
- 09 July 2010
Focus: Workplace RelationsWe look at whether a dismissal is a redundancy when the work is still being performed by others; where Fair Work Australia may still approve an agreement without good faith bargaining; Fair Work Australia having clarified the scope of flexibility terms; enterprise agreements should not cover positions an employer has yet to fill; notification of enterprise agreements in the digital age; and Fair Work Australia upholds the termination of an employee for refusing to work as directed
