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Recent publications
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. If you're interested in back issues, please use the
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Following on from our summary of the Federal Government's Green Paper on its proposed Carbon Pollution Reduction Scheme released on 16 July 2008, Partner Grant Anderson discusses in greater detail the proposals regarding the design of that Scheme |
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The Australian Securities & Investments Commission has just updated its regulatory guide on 'no-action letters'. This is the first major update of the policy since its release in 1996 and although it does not signal a significant shift in policy, it clarifies ASIC's approach in determining whether to issue a no-action letter and it also addresses the issue of 'class' no-action letters. Partner Matthew McLennan and Senior Associate Stephanie Wee look at Regulatory Guide 108 and what it means |
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An internal circular issued by the Ministry of Commerce states that, as of 1 July 2008, the power to verify foreign-invested real estate projects will be delegated to the provincial level. Partner Nigel Papi and Senior Associates Ross Keene and Maggie Ma comment on the key changes brought about by the circular |
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The Parliamentary Joint Committee on Corporations and Financial Services has inquired into the engagement and participation of shareholders in the corporate governance of companies in its report titled Better Shareholders - Better Company: Shareholder Engagement and Participation in Australia. Partner David Robb and Lawyer Jessica Choong report |
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The Federal Court recently decided that the intellectual property in inventions made by a university professor employed to conduct and stimulate research was owned by the professor - not the university - because he was under no duty to make inventions. Partner Richard Hamer and Articled Clerk Harry Evans report |
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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications |
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On 7 July 2008, the Hong Kong Securities and Futures Commission and ASIC signed a Declaration on Mutual Recognition of Cross-Border Offering of Collective Investment Schemes to expedite the public offering of retail funds into each other's markets. We look at what these arrangements mean for both Australian and Hong Kong funds |
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On 16 July 2008, the Minister for Climate Change and Water, Penny Wong, released a much-anticipated Green Paper that sets out the Federal Government's preferred model for Australia's proposed emissions trading scheme, to be known as the Carbon Pollution Reduction Scheme. Allens Arthur Robinson's Climate Change Group provides initial commentary on the key reforms proposed in the Green Paper. |
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On 2 July 2008, Federal Climate Change Minister Penny Wong released a discussion paper canvassing two regulatory approaches for an expanded national renewable energy target scheme. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jessica Moir look at the discussion paper |
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A recent New South Wales Court of Appeal decision has highlighted the need for financiers to have sophisticated systems and procedures in place when providing credit to individuals for business or investment purposes. The reason for this is to avoid having to prove that the Consumer Credit Code does not apply to such transactions. Partner John Gallimore and Senior Associate Scott Mackay explain |
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Following on from his summary of the draft report of the Garnaut Climate Change Review released on 4 July 2008, Partner Grant Anderson discusses in greater detail some of the principal findings and recommendations of the draft report |
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The Beijing Olympics 2008 is fast approaching and the world will soon be focused on this great sporting event. Our Sports Law Practice examines some of the legal issues that can arise in the sporting arena, and provides both companies and athletes with some tips on how to maximise involvement in the sports sector |
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The Federal Government has introduced into Parliament further amendments to the Trade Practices Act 1974 (Cth). Among these changes are proposed amendments to the existing predatory pricing laws that were introduced in late 2007. Partner David Brewster and Lawyer Adel Mohamed report |
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The High Court of Australia has rejected a claim in restitution where there was a direct chain of contractual relationships between the parties involved. This decision has emphasised the courts' reluctance to interfere where parties have entered into arm's length commercial transactions. Partner Nick Rudge, Solicitor Yvonne Cross and Articled Clerk John-Paul Santamaria review the judgement |
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The eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report |
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The Federal Government announced changes in the 2008-09 federal Budget to the withholding tax rules applicable to certain distributions from Australian managed investment trusts. Legislation to implement these changes has now come into operation. Partner Peter Allen and Senior Associate Katrina Parkyn report |
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On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved |
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A new Bill introduced into the Western Australian Parliament by the Greens attempts to set a greenhouse gas emissions intensity standard for new power stations in Western Australia. Senior Associate Valeria Cooney and Lawyer Lorna Creewel report |
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On June 26, the Federal Climate Change Minister Penny Wong released the National Greenhouse and Energy Reporting Regulations 2008, providing important detail for companies who may be required to report under the National Greenhouse and Energy Reporting Scheme which commences on 1 July 2008. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jess Moir look at the new regulations |
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The Inspector-General of Taxation has released a report that makes recommendations for the improvement of the Tax Office's administration of GST audits of large taxpayers. Partner Ross Stitt, Senior Associate Chris Peadon and Lawyer Pouyan Afshar discuss the report's recommendations |
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A new urban water market for South East Queensland will have significant implications for suppliers and users of water |
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Following a lengthy review process, the Retirement Villages Amendment Bill 2008 was introduced into the NSW Parliament on 26 June 2008. The Bill proposes extensive amendments to the Retirement Villages Act 1999 (NSW). Partner Mark Stubbings and Senior Associate Rebecca Barr outline the key amendments |
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We look at National Employment Standards; an employer's obligation to re-employ injured workers; the evidence of reasons for dismissal; implied term of mutual trust and confidence; and the six-month rule in a transmission of business |
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A long awaited Information Technology (Amendment) Bill is currently up for consideration by India's upper house. The Bill seeks to address, among other issues, deficiencies under Indian law relating to data protection in the wake of publicised incidents of data breaches involving Indian offshore service providers. Senior Associate Ken Shiu and Partner Michael Pattison reports that such measures have been required within India's IT industry for several years |
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Earlier this month, the Treasury Department of the Australian Government released a Green Paper on Financial Services and Credit Reform. Partner Susan Burns and team summarise and discuss the Paper |
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With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes |
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The Australian Securities and Investments Commission has issued class order relief to extend the exemption that permits a traditional rights issue to be undertaken without a prospectus or a product disclosure statement to non-traditional rights issue structures. Partners Steve Clifford and Robert Pick and Lawyer Alex Brown consider the implications for issuers and market participants generally |
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The Legislative Affairs Office of China's State Council has issued a circular seeking feedback on draft regulations for the PRC Labour Contract Law. The draft regulations interpret and clarify a number of provisions of the PRC Labour Contract Law , which came into effect on 1 January 2008, and suggest how the law may be implemented in practice. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu discuss |
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In the final instalment of our three-part series on the Victorian Law Reform Commission's recent report into the reform of the Victorian civil justice system, Partner Peter O'Donahoo and Lawyers Eloise Dias and Rebecca Semple review recommendations for pre-trial examinations and the discovery process |
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The Chinese Ministry of Science and Technology, the Ministry of Finance and the State Administration for Taxation have released the Administrative Measures for the Recognition of High and New Technology Enterprises which sets out the procedures and requirements for PRC enterprises to be recognised as high-technology enterprises. Partner Campbell Davidson, Lawyer Justin Chin and Paralegal Michelle Ding report |
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Senior Associate Sarah Bryden and Law Graduate Leesa Vanmali examine the recent decision in Selim v Lele, where the Full Federal Court of Australia dismissed a constitutional challenge to the validity of the Professional Services Review Scheme |
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The National Gas (South Australia) Act 2008, introducing the long-awaited National Gas Law, is in the final stages of its passage through the South Australian Parliament and will commence on 1 July 2008. Special Counsel Louise Thomson and Articled Clerk Stephanie Salmon look at the key changes to the national gas access regime |
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When the Mining Amendment Act 2008 (NSW) commences later this year, mining companies operating in New South Wales will have to comply with an amended set of obligations and procedures. There will be new environmental regulation of mining operations; increased enforcement powers for authorities; and administrative changes to streamline compliance procedures. Partner Tony Wassaf and Lawyer Caspar Conde discuss the new legislation and its implications for mining entities |
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The Administrative Review Council has recently released a report outlining a range of 'best practice' principles it proposes government agencies should adopt when exercising their coercive information-gathering powers. Partner-elect Richard Harris, Senior Associate Chris Peadon and Lawyer James Windon discuss the report's key recommendations and their potential impact |
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