Allens

20 June 2013

The Queensland Government recently launched its 'Ten Point Action Plan' which it proposes will restructure the regulation of Queenland's construction industry. As part of that process, the Queensland Building Services Authority will be replaced by the Queensland Building and Construction Commission. Partner Ren Niemann and Lawyer Goran Gelic report on this development and its implications.

19 June 2013

Following an independent expert panel's report, the Standing Council on Energy and Resources intends to implement a substantial range of reforms to the limited merits review regime for electricity and gas regulatory decisions. However, several of the expert panel's most significant recommendations will not be adopted. Partner Paul Kenny and Lawyer Ben Strate report.

06 June 2013

Governments and public health experts throughout Australia are turning their attention to the health impacts of excessive consumption of 'junk food'. Although the industry is currently subject to reasonably limited regulation, recent events both here and overseas suggest that the status quo may be under threat. Partner Peter O'Donahoo, Senior Associates Susie Stone and Tim Maxwell and Lawyer Mark Hosking report.

31 May 2013

The Productivity Commission has released a draft report of its review of Australia's national access regime, which supports the retention of the regime but recommends a number of significant changes to its legal framework. Special Counsel Verity Quinn and Partner Ted Hill report.

21 May 2013

As part of the Queensland Government's focus on reducing red tape, amendments to the State's land legislation will limit the involvement of the Department of Natural Resources and Mines in approving various land dealings. A number of other important changes will be implemented, with the aim of streamlining current processes and providing greater certainty to property and infrastructure owners. Senior Associate Liam Chambers and Graduate Tegan Ayling report.

13 May 2013

A new framework proposing a national best practice approach for governments for traditional contracting in infrastructure procurement has been issued. Partner Emma Warren and Lawyer Fiona Borrelli report.

10 May 2013

Sweeping changes to the Victorian Industrial and Commercial zones present opportunities to developers, who will be able to seek out suitable new sites on a broader range of land. Special Counsel Meg Lee looks at the detail of the new controls.

09 May 2013

The Costello Commission of Audit Report and the Queensland Government's response last week could transform the State's economy by recasting the way the Queensland public sector interacts with the private sector. Partner John Greig examines the main recommendations and the Government's response.

30 April 2013

As part of its planning reform agenda, the Queensland Government has released for consultation its draft State Planning Policy. Once finalised, the new policy will replace the existing ones with a single, consolidated document that identifies the state's interests in planning and development assessment. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis look at the draft policy, how it is broader in scope than the existing policies and how it could impact a range of development proposals in the future.

19 April 2013

The Victorian Court of Appeal has held that documents belonging to government Ministerial advisers may, in some circumstances, fall within the definition of 'an official document of a Minister' and, accordingly, be subject to the right of access under freedom of information legislation. Partner Alex Cuthbertson and Lawyer Emma Reilly report on this decision and its implications.

02 April 2013

With the release of its long-term development plan, Public Transport Victoria has identified a raft of projects and operational improvements for the Melbourne metropolitan rail network covering a period of more than 20 years. Partner Paul Kenny and Special Counsel Julie Freeman report.

21 March 2013

There are reports that the Mongolian Government is considering amending its controversial Law on Regulation of Foreign Investment in Business Entities Operating in Sectors of Strategic Importance (colloquially known as the Strategic Entities Foreign Investment Law) to make Mongolia a more attractive destination for private inbound investment. Partners David Wenger and Igor Bogdanich, Senior Associate John Koshy and Lawyer Manduul Altangerel report.

25 February 2013

In response to widespread community concerns regarding increasing coal seam gas activities, particularly near residential areas, the New South Wales Government has announced a package of measures to strengthen the regulation of the coal seam gas industry. Partner David Maloney and Senior Associate Georgina Cowdroy report.

10 January 2013

The New South Wales Supreme Court has reaffirmed that parties are entitled to relief from an adjudication determination where there has been jurisdictional error or where they have not been afforded natural justice. Partner Brian Millar, Senior Associate Lee Moore and Lawyer Trieste Corby consider the implications of this decision.

18 December 2012

As longstanding bans on uranium mining are being relaxed and lifted across many Australian jurisdictions, our uranium specialists summarise the current Federal regulatory framework that controls its exploration and extraction.

17 December 2012

With the release of its draft industrial relations guidelines, the NSW Government is attempting to introduce a more stringent regime governing public sector construction best practice than the current Federal regime. Partner Nigel Papi and Lawyer Stuti Sethi report.

13 December 2012

The WA Supreme Court recently held that Western Australia's proportionate liability legislation does not of its own force apply to arbitral proceedings for disputes governed by WA law. Partner Brian Millar and Senior Associate Lixian Liang report.

14 November 2012

Recently, the Full Court of the Federal Court considered whether a letter of intent with a 'subject to contract' clause was binding and, consistent with a recent UK decision, confirmed that the courts will, in the absence of any express statement, look at the objective intention of the parties in determining whether such a letter is binding. Partner Nigel Papi and Senior Associate Lee Moore consider the implications of this decision.

12 November 2012

A Bill proposing changes promoting greater flexibility in the application of development control plans, and reducing the weight given to them in the development assessment process, has been introduced in New South Wales. Partner Paul Lalich and Lawyer Naomi Bergman outline the proposed amendments.

18 October 2012

The expert panel reviewing the merits review regime for electricity and gas regulatory decisions has recommended major changes that will, if implemented, have significant implications for regulated businesses. Partner Paul Kenny and Lawyer Ben Strate report.

12 October 2012

A recent Victorian Supreme Court decision emphasises the importance of, when working with statutory corporations, making sure the decision-maker has the necessary authority. Subsequent ratification of agents' acts and exercising authority without a formal delegation have, in particular, been clarified. Partner Paul Kenny and Lawyer Tanya Thomas report.

25 September 2012

The NSW Government has released a draft renewable energy action plan, which, as it establishes the parameters for all new renewable energy investments in NSW up until 2020, has implications for all stakeholders in the NSW energy market. Partner Andrew Mansour and Senior Associate Joel Sturgeon report on the draft plan which intends to increase the use of energy generated from renewable sources in NSW by reducing investment barriers, building community support, attracting and growing renewable energy expertise, and improving energy efficiency.

21 September 2012

The long-awaited New South Wales Strategic Regional Land Use Policy, which aims to protect Strategic Agricultural Land, has been released, with some significant differences from the original draft. Partner David Maloney and Law Graduate Tom Griffin report.

21 September 2012

In brief: The Queensland Government recently introduced a Bill into Parliament with the intent, as the Deputy Premier has stated, to 'fix the planning system'. Partner Bill McCredie and Senior Associate Anna Vella outline the proposed changes to the sustainable planning legislation.

19 September 2012

With the release of its draft long-term transport plan, the NSW Government has signalled that it will look to the private sector to assist in financing future transport projects. Partner Nigel Papi and Senior Associate Lixian Liang report.

28 August 2012

The NSW Government is substantially overhauling its planning system, providing developers with greater certainly and fewer risks. In the first of a three-part series, Partner Paul Lalich and Lawyer Dennis Smith examine the implications the proposed new planning system will have on environmental plans and the way land is zoned within NSW.

21 August 2012

A recent NSW Supreme Court decision has continued a trend against the Federal Government's ability to use the doctrine of executive necessity to break its contractual obligations. Partner Paul Kenny and Lawyer Amelia Hanscombe report on a case that serves as a reminder that the repudiation of existing agreements with government by a new administration will seldom be successful.

27 July 2012

The US has recently eased its Myanmar sanctions regime to make it possible for US entities and individuals to invest in, and export financial services to, Myanmar for the first time in 15 years. In this article our Myanmar Group provides a brief overview of the changes to the US sanctions regime and anticipated further developments relating to Myanmar.

25 July 2012

The Federal Government is considering whether Australia should join the Voluntary Principles on Security and Human Rights, an extractives sector initiative that addresses human rights risks associated with the security of companies' operations. Partner Louise Jenkins and Lawyers Catie Shavin and Raquel Dos Santos report on these developments

20 July 2012

A recent decision by the Australian Competition Tribunal, relating to gas pipeline access arrangements, sheds light on aspects of the current regulatory approach to setting returns for infrastructure assets. Partner Jo Daniels and Senior Associate John Hedge look at the implications of the decision.

19 July 2012

The Federal Government has cleared the way for litigation funders to fund class actions without an Australian financial services licence and without complying with the requirements for managed investment schemes. This does not, however, resolve the question of whether litigation funders need a licence to fund non-group claims. Partners Ross Drinnan, Jenny Campbell and Lawyer Andrew Ta report

19 July 2012

Last month we reported on a series of three planning reforms and reviews announced by the Victorian Minister for Planning. In further developments, the Minister has, this week, announced a major reform to Victorian zone controls. Special Counsel Meg Lee looks at the detail of the proposed changes

17 July 2012

The Future of Financial Advice reforms are finally upon us and their impact beyond the personal advice sector may well be more significant than anticipated. Partner Marc Kemp and Senior Associates Frances Dunn, Larissa Macpherson and Simon Lewis discuss some aspects of the reform package that trustees of superannuation funds and responsible entities of retail managed investment schemes may need to consider.

17 July 2012

Partner David Wenger and Senior Associates Anthony Lepere and John Koshy look at a major resources company's significant announcement that it has filed a notice of investment dispute on the Mongolian Government under the bilateral investment treaty between Singapore and Mongolia.

03 July 2012

Those involved in the manufacture, importation and use of LPG, LNG or CNG should be aware of recently passed amendments that now bring emissions associated with the combustion of these fuels for non-transport uses within the coverage of the carbon pricing scheme. Partner Grant Anderson and Law Graduate Albert Yu report.

28 June 2012

Ahead of the 2012 AGM season, the Federal Government has fast-tracked amending legislation to enable, in certain circumstances, the chair of a listed company's AGM to vote undirected proxies on the adoption of the company's remuneration report. Partner Andrew Knox and Senior Associate Alexandra Rayner provide an update

27 June 2012

In a decision that has potential implications for a whole raft of government funding arrangements, the High Court recently held that the Commonwealth did not, without legislative authorisation, have executive power to enter into contracts and spend money for the provision of chaplaincy services in schools. Special Counsel Julie Freeman and Law Graduate Darren Kamil report

20 June 2012

Yesterday, the Queensland Government released the Report of the Land Access Review Panel into the state's current land access regime that applies to the resources sector. The report reviews the current land access regime and assesses its effectiveness in achieving its original objectives. The report also contains recommendations on how the land access framework could be improved. Partner Ben Zillmann and Lawyer Giselle Kilvert consider the key findings of the panel

19 June 2012

Three years after its appointment by the former government, the Coastal Climate Change Advisory Committee's report has been released by the Minister for Planning who simultaneously announced a relaxation of the requirements for the consideration of the impact of sea level rise on developments within existing coastal town boundaries. In the second of our series on reviews that will impact on Victoria's planning schemes, Special Counsel Meg Lee explains the effects of the proposed changes

14 June 2012

Australian individuals and companies that have business dealings with Iran in relation to a range of industries, notably oil and gas, financial services, and diamonds and precious metals, should be aware of the Federal Government's proposed new autonomous sanctions against that country. Partner Anthony Patten, Lawyer Roslyn Stein and Law Graduate Tim Farhall look at the changes to Australia's autonomous sanctions regime

13 June 2012

The implementation of the National Energy Customer Framework in New South Wales, Queensland and Victoria has been delayed from the original implementation date of 1 July 2012, while the Australian Capital Territory, South Australia and Tasmania remain committed to that original timeframe. Partner Grant Anderson and Law Graduate Albert Yu report

12 June 2012

With important implications for the banking sector, the Federal Government's new price signalling laws, which prevent the disclosure of pricing and other information to competitors, have come into effect. The Australian Competition and Consumer Commission has issued guidelines to assist banks in navigating the new laws. Partner David Brewster and Senior Associate Verity Quinn report

12 June 2012

In response to increasing growth in foreign investment (especially in the mineral resources sector), the Mongolian Government has moved to regulate foreign investment in sectors of the economy of strategic national importance. Partners Igor Bogdanich and David Wenger, and Senior Associates Anthony Lepere and John Koshy, look at the newly enacted legislation, and its significance for foreign investors

07 June 2012

An airlines industry body has failed in its bid to have jet fuel infrastructure at Sydney Airport declared open for third party access. Partner David Brewster and Senior Associate Verity Quinn report on an interesting application where the Federal Government recognised that regulated access was unlikely to resolve issues of capacity constraints that require significant investment

01 June 2012

In this issue: we look at proposals being considered by Food Standards Australia New Zealand to amend the Food Standards Code, the Labelling Logic reforms, the proposed regulation of nutritive substances and novel foods, Truth in Labelling laws andthe fast food nutrition labelling regime, and the introduction of a Small Business Commissioner in South Australia. The developments show examples of a trend back to more prescriptive regulation, as well as a splintering of regulation between different states, which reverse recent progress in achieving greater deregulation and national uniformity.

28 May 2012

Amendments to strengthen Australia's privacy regime will create new penalties, increased requirements for procedures and disclosure, and a revamped credit reporting system and will have significant implications for most companies and government agencies. Partner Michael Pattison, Senior Associate Nathan Shepherd and Lawyers Nikki Macor and Margaret Walsh report.

23 May 2012

Recently, as part of its foreign exchange reforms, the People's Bank of China signed a bilateral currency swap agreement with the Reserve Bank of Australia. Partner David Wenger, Senior Associate Wayne Wang and PRC Consultant Scarlet Feng report on the currency swap agreement and the introduction of PRC laws relating to the internationalisation of the RMB

16 May 2012

We report on whether the recent amendments to section 21 of the International Arbitration Act 1974 (Cth) have retrospective effect; India's breach of the Australia-India bilateral investment treaty; a Federal Court of Australia decision enforcing an award made in England despite ongoing setting aside proceedings in India; a Queensland Supreme Court decision setting aside an award on due process grounds; proposed amendments to Singapore's International Arbitration Act; and New South Wales as a venue for international arbitration

10 May 2012

To help carbon market participants transition to the Australian financial services licensing regime, the Australian Securities and Investments Commission has established an early registration system, and has also released updated information on adviser training and financial requirements for those providing financial services in relation to carbon units and other kinds of regulated emissions units. Partner Grant Anderson and Senior Associate Justine Woodford report on these developments

09 May 2012

The Federal Government has announced a range of tax changes in the Federal Budget. Partner Charles Armitage spoke to BRR Media about what these changes mean for businesses