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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- 18 May 2012
Client Update: IP Australia announces fee changesIP Australia has recently announced changes to many official fees for patent, trade mark and design matters, including the introduction of a new fourth year patent continuation/renewal fee. Partner Chris Bird reports
- 17 May 2012
Focus: Insurance broker's advice half-bakedThe Supreme Court of Queensland recently considered the scope of an insurance broker's duty to its client and found that it extends to the exercise of reasonable care and skill. This, however, is to be judged with reference to the terms of the relevant broker's services contract and the circumstances of the case. Partner Michael Quinlan, Senior Associate Gareth Horne and Law Graduate David Rountree report
- 16 May 2012
Focus: Arbitration QuarterlyWe 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
- 15 May 2012
Focus: Want to set aside a statutory demand? First try to settle or be prepared to explain yourself!The Federal Court has recently determined that a company applying to the Federal Court to set aside a statutory demand must file a 'genuine steps' statement. This means that the party must try to settle the dispute before bringing the application or explain why it has failed to do so. Partner Michael Quinlan and Lawyer David Harris report
- 14 May 2012
Client Update: Centro class actions settledThe announcement last week of the settlement (subject to court approval) of the Centro class actions, the largest settlement in Australian securities class actions history, is highly significant, but leaves a number of issues unresolved. Partner Ross Drinnan and Senior Associate Jenny Campbell report.
- 11 May 2012
Focus: Model International Joint Operating Agreement 2012The 2012 version of the Model International Joint Operating Agreement, the most widely used joint operating agreement in the international upstream oil and gas industry, has been released. Partners Igor Bogdanich and Anthony Patten and Senior Associate Anthony Lepere look at its new features, and their significance for future upstream oil and gas transactions
- 10 May 2012
Client Update: Guidance for providers of financial services for carbon tradingTo 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
- 10 May 2012
Focus: Misleading conduct about 'ocean views'A recent case on misleading and deceptive conduct, relating to views from units that were to be constructed, demonstrates that developers must give agents clear directions about the scope of what they can, and cannot, say to potential buyers. Professor Bill Duncan (Consultant to Allens) and Partner Tony Davies report on the decision and its implication for developers
- 09 May 2012
Focus: Some not so sour grapes. Maybe you can set-off more than you thought?A recent Victorian Supreme Court decision confirms that post-liquidation debts arising from pre-liquidation obligations can be set-off. Partner Michael Quinlan and Lawyer Amy Burton report
- 09 May 2012
Focus: Draft auction rules for spectrum reallocation sale releasedThe Australian Communications and Media Authority has released draft rules and instruments for the simultaneous auction of the 700 MHz and 2.5 GHz bands that is to take place during 2012-13. Partner Ian McGill, Senior Associate Valeska Bloch and Lawyer Matthew Tracey report on the draft rules and their potential effects for bidders and other interested parties
- 09 May 2012
Audio: Detail missing from Budget announcementsThe 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
- 08 May 2012
Focus: Takeovers Panel overhauls guidance on takeover documentsThe Takeovers Panel has overhauled its Guidance Note 18: Takeover Documents. The rewrite now encompasses target's statements, expert's reports, premia and intentions statements, in addition to its predecessor's focus on bidder's statements. While certain changes simplify and update the existing guidance, the new Guidance Note 18 now contains guidance in several areas on the circumstances that are likely to be considered unacceptable by the Takeovers Panel in the course of preparing takeover documents, which were not previously considered by its predecessor. Partner Andrew Finch and Senior Associate Jonathan Teo report
- 07 May 2012
Focus: ASIC crackdown on use of the terms 'independent', 'impartial' and 'unbiased'The Australian Securities and Investments Commission has issued a warning to all financial services licensees, after a surveillance operation identified a number of insurance brokers and financial planners who were unlawfully using certain terms. Partner Dean Carrigan, Senior Associate Rhiannon Eagles and Lawyers Tanvir Ahmed and Stephen Lloyd report.
- 04 May 2012
Client Update: New approach to stalled mining applications in WAA new approach by the Western Australian Department of Mines and Petroleum may have a significant impact on stalled exploration and mining tenement applications. Partner Marshall McKenna, Lawyer Joe Freeman and Law Graduate Anthony Graham report
- 04 May 2012
Focus: Convergence Review recommends wide-ranging reformsThe Convergence Review Committee's much-anticipated final report has been released. Partner Ian McGill and Senior Associates Victoria Wark and Valeska Bloch, and a team of lawyers from the Allens Technology, Media and Telecommunications practice group, provide an overview of the report's key recommendations, and the potential implications for media and communications industry participants
- 02 May 2012
Audio: Major shifts in Convergence Review reportThe Federal Government has released the long-awaited final report of its Convergence Review. Partner Ian McGill spoke to BRR Media about the major changes when compared to the interim report and what happens next
- 01 May 2012
Client Update: Time shift exception to copyright overturnedThe Full Court of the Federal Court unanimously overturned the original decision in the Optus TV Now case that had given a very generous interpretation of 'private and personal use' and who 'made' the copies in question. Partner Andrew Wiseman and Paralegal Ashleigh Shand report on the appeal decision that will protect significant revenues for the copyright holders of television broadcasts
- 01 May 2012
Focus: PNG personal property security reform - what transactions are covered?The new PNG personal property security law has been enacted and, before it comes into force, businesses need to start considering how it will apply to them. In the first of a series of articles on the new law, Partners Steve Pemberton and Vaughan Mills look at the kinds of transactions that will be caught by the new legislation
- 01 May 2012
Client Update: Landmark changes to discovery in the NSW Supreme CourtIn March of this year, the Supreme Court of New South Wales announced major changes to its approach to discovery that are likely to profoundly alter the conduct of commercial disputes in that court. On 30 April 2012, the Chief Justice and key judges of the court's Equity Division addressed practitioners to further explain and clarify aspects of the new appraoch. Partner Richard Harris and Lawyer Elnaz Nikibin report on the changes, some of the matters being emphasised by the court and some similar themes emerging in the Federal Court
- 01 May 2012
Audio: New guide on data breachesThe Privacy Commissioner has released a new guide on how organisations should respond to data breaches. Partner Michael Pattison spoke to BRR Media on the guide's recommendations and what they mean for businesses
- 27 April 2012
Focus: Burma oil and gas market opening upBurma (Myanmar) is expected to put more petroleum blocks to international tender in 2012. Partners Anthony Patten and Darren Murphy and Lawyer Robert Merriam report and look at the investment opportunities that may result from recent political developments
- 27 April 2012
Audio: Optus TV Now in limboThe Full Federal Court has today in a single unanimous decision reversed the lower court's decision in TV Now and found in favour of the AFL, NRL and other rights owners. The Optus service is now in limbo. Partner Andrew Wiseman spoke to BRR Media about the decision and what this means for copyright law in Australia
- 24 April 2012
Focus: Is an ISP liable for its customers' copyright infringement?In a much anticipated judgment, the High Court unanimously upheld the finding of the Full Federal Court and trial judgment that an Internet service provider was not liable for authorising the copyright infringements of its customers. However, the judgment does not entirely close the door to a finding of authorisation by an ISP. Partner Miriam Stiel and Lawyer Rob Clark report on the decision
- 24 April 2012
Focus: Are you on the job while 'on the job'?A recent decision that has confirmed that compensation is available to an employee (injured while having sex in a hotel room during a work trip) highlights the broad scope under the current law as to when injuries will be regarded as having taken place during the course of employment. Partner John Edmond, Senior Associate Jonathan Light and Lawyer Stephen Lloyd report on the decision that has particular implications for employers and worker's compensation insurers
- 20 April 2012
Audio: iiNet cleared of copyright breachThe High Court has found that Internet service provider iiNet was not liable for the copyright-infringing acts of its customers. Partner Miriam Stiel spoke to BRR Media about what today's decision means for ISPs and copyright owners
- 19 April 2012
Focus: Misleading and deceptive conduct and off-the-plan contract buyersA recent Federal Court decision emphasises that claims of misleading and deceptive conduct do not end after the settlement of an off-the-plan contract and developers must have clear evidence supporting representations as to future matters. Professor Bill Duncan (consultant to Allens Arthur Robinson) and Partner Tony Davies report on the decision and its implication for developers
- 18 April 2012
Focus: Flawed asset provision in English law ISDA Master Agreement clarifiedThe English Court of Appeal has provided clarity on the operation under English law of some clauses in the ISDA Master Agreement, including a key protection for Non-defaulting Parties - the flawed asset provision under Section 2(a)(iii). Partners Diccon Loxton and Tom Highnam and Senior Associate Caleb Chua report
- 18 April 2012
Focus: Reform of governance of Commonwealth bodiesThe latest development in the Commonwealth Financial Accountability Review, the release of the discussion paper entitled Is Less More? - Towards Better Commonwealth Performance, canvasses a range of proposals that could have far-reaching consequences for the governance of Commonwealth bodies and those who deal with them. Partner Ian McGill and Senior Associate Simon Lewis report
- 12 April 2012
Focus: Western Australian Gas Services Information Bill enactedGas market participants should be aware that legislation providing for the establishment of a gas bulletin board and the preparation and publication of a gas statement of opportunities in Western Australia has been enacted. Partner Anthony Patten and Lawyer Anne Nguyen examine the key substantive features of the new provisions
- 12 April 2012
Focus: Financial services licensing of carbon markets participantsRecent amendments to the Corporations Regulations and guidance from the Australian Securities and Investments Commission establish the financial services licensing regime that will apply to carbon permits and derivatives over them from the commencement of the carbon pricing scheme. Partner Grant Anderson and Senior Associates Penelope Barclay and Simon Lewis report
- 10 April 2012
Client Update: Revised Victorian Implementation Guidelines for construction industryRevised Victorian guidelines will create uncertainty for Victorian building industry participants. Partner Simon Dewberry and Senior Associate Andrew Stirling report
- 05 April 2012
Focus: Agriculture vs mining: Gateway to more red tape in NSWThe New South Wales Government has released its latest round of plans, policies and guidelines aimed at delivering key initiatives in its Strategic Regional Land Use Planning Policy. Partner Jim Parker and Lawyer Lara Neate examine the new proposals
- 05 April 2012
Focus: Google held responsible for misleading and deceptive adsThe Full Federal Court has unanimously upheld an appeal by the Australian Competition and Consumer Commission, concerning Google's AdWords service. It found that Google was responsible for the content of certain misleading advertisements appearing on its website, and that it, therefore, directly engaged in misleading and deceptive conduct. Partners Miriam Stiel and Carolyn Oddie and Special Counsel Rebecca Sadleir report on the decision
- 05 April 2012
Focus: Workplace RelationsIn this issue we look at the findings of the Federal Court in a sexual harassment case; the issues relevant to the enforceability of restraint clauses; what level of responsibility companies may have for the employees of their sub-contractors; and the issue of procedural fairness in dismissal processes
- 05 April 2012
Audio: ASX to ease equity raising for small to mid caps under proposalThe Australian Securities Exchange has proposed to increase the capital raising limit for mid to small caps. Partner Julian Donnan spoke to BRR Media about what the proposal will mean for a large number of ASX-listed companies
- 04 April 2012
Focus: ASX consultation paper on mid to small caps equity raisingsThe Australian Securities Exchange has proposed to increase the capital raising limit for mid to small caps. Partner Julian Donnan and Senior Associate Robert Speed look at the proposal which should mean greater flexibility for a large number of ASX-listed companies
- 03 April 2012
Client Update: High Court rules on safety dutyThe High Court has confirmed that simply engaging a contractor to perform work may be a reasonably practicable way for a principal to ensure worker health and safety. Partner Simon Dewberry and Senior Associate Andrew Stirling report
- 02 April 2012
Focus: Long-running UK mesothelioma litigation resolvedThe UK Supreme Court has handed down its decision in the 'EL Trigger Litigation' concerning a long-running dispute about insurers' liability to compensate mesothelioma victims, making it clear their obligation to indemnify employers will be triggered when an employee is negligently exposed to asbestos fibres. Partner Dean Carrigan, Senior Associate Philip Hopley and Lawyer Stephen Lloyd report
- 02 April 2012
Focus: Impact of 'overarching purpose' on costs ordersA recent Federal Court decision, in which a solicitor was ordered to pay the other party's costs personally, illustrates the significant impact of the 'overarching purpose' on the exercise of judicial discretion to make costs orders. Partner Alex Cuthbertson and Lawyer Katherine Cooke report.
- 28 March 2012
Focus: Receivers' examination powers upheld as constitutionally validA recent WA Court of Appeal decision has affirmed the constitutional validity of a court's power to conduct public examinations of a corporation in receivership and where property of a corporation is in the possession of a mortgagee. Partner Philip Blaxill, Senior Associate Corey Steel and Law Graduate Miranda Cummings report on a case of interest to secured creditors and receivers across Australia
- 27 March 2012
Focus: PPSA sparks amendments to Victoria's prescribed form of contract of sale of real estateIndividuals and businesses buying and selling real estate in Victoria must be aware of amendments to the prescribed form of the contract of sale for real estate in Victoria brought about by the introduction of personal property securities legislation. Partner Michael Graves, Senior Associate Alanah Barham and Lawyer Tim Chislett look at the changes
- 26 March 2012
Focus: Australian 'Raising the Bar on IP Rights' Bill passedMajor changes to intellectual property protection in Australia are likely to become law in only a few weeks. Partners Tim Golder and Chris Bird and Lawyer Tracy Lu examine the key substantive features of the new provisions and provide some recommendations for clients to factor into their protection strategies
- 26 March 2012
Audio: Procurement trends for resources projectsIn the fourth of a series of audio updates on issues surrounding major projects in 2012, Partner Ren Niemann talks to BRR Media about trends in procurement of infrastructure in the resources sector
- 23 March 2012
Focus: Victorian Government commits to human rightsThe Victorian Government has expressed a strong commitment to human rights, and will retain and improve the Charter of Human Rights and Responsibilities Act. Partner Alex Cuthbertson and Lawyer Catie Shavin report
- 22 March 2012
Focus: Latest decision on shareholder causationThe Full Federal Court has handed down judgment in the latest Australian appellate court decision to consider the standard of causation evidence necessary to establish a shareholder claim against a company - in this case, HIH - for misleading or deceptive conduct. Partner Duncan Travis and Senior Associate Jonathan Joseph report
- 22 March 2012
Audio: Tax boost for major projectsPartners Charles Armitage and Martin Fry talk to BRR Media about the proposed new tax loss rules for major projects and the lessons learned from projects that have run into financial difficulty
- 21 March 2012
Focus: High Court gives guidance on farm debt mediation legislationA significant High Court judgment has provided clear guidance on the limitations imposed under New South Wales farm debt mediation legislation on lenders enforcing security over farms. Partner Andrew Boxall and Lawyer Marian Pond report
- 21 March 2012
Client Update: Victorian Government 'blue book' exempt under FOI lawsThe Victorian Civil and Administrative Tribunal has confirmed that briefs prepared by the public service for an incoming government will be exempt from disclosure under Victorian Freedom of Information laws. Partner Alex Cuthbertson and Lawyer Naomi Snyder report
- 21 March 2012
Audio: E-health bill to stumble post Senate inquiryThe Senate has released a report on its inquiry into the Personally Controlled Electronic Health Records Bill. Senior Associate Michael Morris spoke to BRR Media about the likely privacy implications of E-health records
- 20 March 2012
Focus: Workplace RelationsIn this issue we report on a summary dismissal of union delegates case; opt-out clauses in enterprise agreements; an adverse action claim case; and what conduct will constitute sexual harassment