Allens

Industrials

Our experienced Industrials legal team regularly publishes articles and updates – the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

For publications in other legal areas see our recent publications page.

Industrials Publications

  • Focus: Employment & Safety

    9 November 2018

    In this issue we look at changes to Victorians' long service leave; an unfair dismissal case; expectations vs reality for workplace safety; and the distinctions that matter when using Latin abbreviations.

    Read More
  • InIP: What's happening in intellectual property

    31 October 2018

    n this issue: we report on a Bill amending website blocking laws; compensation for Albert Namatjira's descendants for decades of missed royalties; an attempt to trade mark common textspeak abbreviations; amendments to the EU Copyright Directive that have been sending the Twitterverse into a frenzy; how residual reputation in a trade mark stopped a non-use application; and further Australian Patent Office decisions relating to patent ownership.

    Read More
  • Focus: Employment & Safety

    5 September 2018

    In this issue we look at a new form of leave to deal with family and domestic violence; whether your casuals really are casual; a restraint involving an independent contractor; and whether prior continuous service as a casual or seasonal worker counts in redundancy pay.

    Read More
  • InIP: What's happening in intellectual property

    23 August 2018

    In this issue we look at challenges for domain name searching posed by the GDPR, the second round of draft amendments to the Patents Act, developments in the patentability of computer-implemented inventions, the dangers of falsely marking products as 'patented', the latest brand wars in the Federal Court and the US Postal Service's costly case of mistaken identity.

    Read More
  • Focus: Employment & Safety

    31 July 2018

    In this issue we look at the proposed superannuation guarantee amnesty; the new modern slavery legislation; a case that highlights the importance of procedure when dismissing an employee; the new labour hire licensing regime; the AHRC inquiry into workplace sexual harassment; minimum pay changes that came into effect on 1 July 2018 and WA's progress on WHS reforms.

    Read More
  • Report: An update on our predictions for the year ahead across the private equity market

    25 July 2018

    The first half of 2018 has seen a flurry of public-to-private activity that should continue to keep dealmakers busy for the remainder of the calendar year. However, the mountain of dry powder competing for limited quality investment opportunities remains an issue that has prompted a diversification in the capital-deployment strategies for Australian-focused managers.

    Read More
  • Food Law Bulletin

    23 July 2018

    In this edition: why it’s vital to pay close attention to get-up; how digital platforms are disrupting the food and beverage industry; the latest on what it means to be ‘natural’; and why NZ cracking down on high-calorie advertising to youth affects more than just New Zealanders.

    Read More
  • InIP: What's happening in intellectual property

    20 June 2018

    In this issue we provide an update on defamation law in the digital context; look at how having a name famous enough to be registered as a trade mark can be a double-edged sword; give the lowdown on some intriguing new applications for drones; report on a US decision on whether embedded Tweets infringe copyright, which could have important consequences for online media; explain how to take ownership of social media accounts when purchasing a business; and analyse the Federal Court's first look at enablement and support in the patent context.

    Read More
  • InIP: What's happening in intellectual property

    24 April 2018

    In this issue we give another update on the proposed changes to Australia's IP laws; examine the impact of the ACCC v Heinz decision on food packaging; look at franchising issues, which are back in the spotlight; show how failure to identify who is an inventor can have serious consequences; give an update on online copyright infringement laws; and look at the difficulties in developing an implementation policy for direct .au registrations.

    Read More
  • InIP: What's happening in intellectual property

    22 February 2018

    In this issue we look at a digital rights management platform to help photographers protect their copyright; a new copyright infringement lawsuit against pop superstar Ed Sheeran; an Insta-celebrity clash over the word 'Bod'; changes to Australia's IP laws; the difficulties in comparative advertising; heightened risks that may be faced by patentees when PBS changes take effect; and a Federal Court decision that genetic testing methods continue to be patentable in Australia.

    Read More
  • Report: Our look ahead to the private equity market in Australia

    22 February 2018

    As new funds enter the local market, flexible debt funding structures become more prevalent and sponsors are forced to deploy capital in more innovative ways, we expect the Australian PE market to continue to grow. Private Equity Horizons 2018 reviews the PE market and looks at the trends and sectors in play.

    Read More
  • Food Law Bulletin

    19 December 2017

    In this edition we look at the curious case of ‘chicken free chicken’; the fine line between an industry association providing a helping hand and cartel conduct; a rather awkward definition of ‘natural’ from the Federal Court; and changes to the wine equalisation tax regime.

    Read More
  • Client Update: Attorney-General announces class action inquiry

    18 December 2017

    The Attorney-General has announced that he has asked the Australian Law Reform Commission to inquire into class action proceedings and third party litigation funders. The inquiry presents an important opportunity to take stock of how the class actions landscape has evolved, particularly whether entrepreneurialism among promoters is inappropriately traversing on the rights of class members. Partner Jenny Campbell and Lawyer Jerome Squires report.

    Read More
  • Focus: Australian Modern Slavery Act: Final Report recommends mandatory supply chain reporting with penalties for non-compliance

    14 December 2017

    After a year-long inquiry, a parliamentary committee has recommended that Australia establish a Modern Slavery Act, including mandatory reporting for large businesses on modern slavery risks in their operations and supply chains. The introduction of a Modern Slavery Act is set to be a game-changer, with prescriptive reporting requirements to come in as early as next year. Partners Rachel Nicolson and Peter Haig, Associate Freya Dinshaw and Lawyers Karina Plain and Shamistha Selvaratnam report.

    Read More
  • InIP: what's happening in intellectual property

    11 December 2017

    In this issue we look at how you can protect yourself against ambush marketing; a new mandatory data notification regime coming into effect; big data challenges for the healthcare and pharmaceutical sectors; a Full Federal Court decision on preliminary discovery in patent infringement proceedings that will be welcomed by IP owners; and some examples of trade mark infringement; and and issues presented by the use of brands in video games.

    Read More
  • Client Update: Significant overhaul of measures to combat corporate crime

    6 December 2017

    Today the Federal Government will introduce legislation that will significantly overhaul Australia's foreign bribery laws and will also establish a deferred prosecution regime that is intended to provide an incentive for companies to self-report a range of serious white-collar crime matters. The Allens International Business Obligations group look at the changes.

    Read More
  • Focus: Employment & Safety

    1 November 2017

    In this issue we look at a restraint of trade clause in a business sale contract; a case that highlights the need for proportionality in a summary dismissal; the damages an employer can be ordered to pay when they repudiate an employment contract; the consequences of treating employees as independent contractors; and new guidance on the increased responsibility of franchisors under amended workplace laws.

    Read More
  • Focus: Subpoenas under the IAA: foreign-seated arbitrations need not apply

    18 October 2017

    A recent Federal Court decision suggests a narrow approach to judicial support of international arbitrations, limiting access to evidence located in Australia for parties of foreign-seated arbitrations. Partner Nick Rudge and Overseas Lawyer Caroline Swartz-Zern report.

    Read More
  • Client Update: Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal

    11 October 2017

    The Federal Court's decision about the proposed Tabcorp/Tatts merger has provided significant clarification about the public benefit test for authorisations. This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC merger clearance process. Partner Jacqueline Downes and Lawyer Hanna Kaci look at the key lessons from the decision.

    Read More
  • Focus: Supply chains and modern slavery: reporting on the rise

    18 September 2017

    The release of the Attorney-General's consultation paper on modern slavery in supply chains and the recent interim inquiry report on establishing an Australian Modern Slavery Act reflect how international standards around corporate respect for human rights are becoming enshrined in law. Australian companies, and companies operating in Australia, are likely to see increased supply chain reporting requirements in relation to modern slavery as early as next year. Partners Rachel Nicolson and Peter Haig, Associate Freya Dinshaw and Lawyer Shamistha Selvaratnam report.

    Read More
  • Client Update: Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims

    11 September 2017

    The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology. This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term extensions granted on the basis of the AAT decision are now invalid. Associate Claire Gregg reports.

    Read More
  • Paper: Interested in investment in Vietnam?

    7 September 2017

    Vietnam has increasingly been an attractive investment destination for foreign investors. In recent years, the legal landscape for doing business in Vietnam has changed significantly with the introduction of new laws, including the key laws on enterprise and investment. We've published our new Legal Guide to Investment in Vietnam to identify and unravel the legal and regulatory issues foreign investors will face when considering an investment opportunity in Vietnam.

    Read More
  • Focus: Employment & Safety

    4 September 2017

    In this issue: we look at the Fair Work Commission's support for unpaid domestic violence leave and casual conversion clauses; an unfair dismissal following a breach of a zero tolerance drug and alcohol policy; proposed WHS amendments in Queensland; and another enterprise agreement is terminated.

    Read More
  • Focus: Government responds to Productivity Commission's IP inquiry

    29 August 2017

    The Federal Government has released its response to the recommendations proposed by the Productivity Commission following its inquiry into Australia's IP arrangements. The Productivity Commission's review covered all areas of IP, as well as IP enforcement and international obligations. The Allens Intellectual Property team considers the Government's response to some of the key recommendations.

    Read More
  • Focus: Trade mark owners beware

    28 August 2017

    The Federal Court has made it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners ensure that valid rights have been secured. Managing Associate Mark Williams reports.

    Read More
  • Client Update: Greater ACCC scrutiny of contentious mergers

    8 August 2017

    ACCC Chairman Rod Sims has outlined that the ACCC will adopt a more intensive information-gathering approach when reviewing contentious mergers. Partner Jacqueline Downes and Associate Lovelle D'Souza report. 

    Read More
  • Food Law Bulletin

    26 July 2017

    In this editionwe look at a case demonstrating a major shift in community sentiment away from sugar; proposed new import rules triggered by the frozen berries saga; and how the ACL review might impact the food and beverage industry.

    Read More
  • Report: 2017 Private Equity mid-year briefing

    18 July 2017

    The first half of 2017 has been one of the most active buy out periods for private equity in Australia since the financial crisis. With fundraising conditions remaining positive, plenty of committed capital needing to be invested and the announcement of a number of large and high profile transactions involving financial sponsors, we believe that PE activity will remain robust for the remainder of the year.

    Read More
  • Focus: Employment & Safety

    5 June 2017

    We consider redundancy payments when employees are not offered suitable alternative roles; whether payroll providers can be liable as an accessory when a client breaches modern award conditions; and whether employers should consider voluntary job swaps before dismissing employees whose positions have become redundant.

    Read More
  • Focus: A class divide? The Boart Longyear creditors' scheme

    29 May 2017

    The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors’ scheme of arrangement. Partners Christopher Prestwich and Tom Highnam report. 

    Read More
  • Client Update: Amendments to PPS lease law - what you need to know

    22 May 2017

    Legislation has come into force that will amend the Personal Property Securities regime. The amendments are designed to reduce the PPSA's impact on the equipment hiring industry. Previously hirers' equipment leases and bailment arrangements of an indefinite term, or short term leases of a year or more were deemed to be PPS leases, and security interests. If they were not perfected by registration, the owner of the equipment could lose priority, and could lose the equipment altogether if the lessee or bailee became insolvent. Many hirers were caught inadvertently. Now, those arrangements will only be caught if they are initially for two years or more, or the lessee or bailee ends up holding the equipment for two years or more. Partners Nicholas Creed and Ben Farnsworth explain.

    Read More
  • Focus: Employment & Safety

    8 May 2017

    In this issue: we look at how post-employment restraints can be unenforceable if a company does not comply with the employment contract itself; a decision of the Federal Court that confirms an employee who is on long-term sick leave must continue to have regular contact with their employer; and a successful appeal against a Fair Work Commission decision because the Commission did not consider whether an employer should have had legal representation.

    Read More
  • Focus: Anti-bribery laws and deferred prosecution agreements

    20 April 2017

    The Australian Government is, via two new consultations, proposing wide-ranging reforms to tackle the challenges that it faces in detecting, and prosecuting, serious corporate crime. Through proposed amendments to foreign bribery laws and the introduction of a Deferred Prosecution Agreement regime, the Federal Government is seeking to remove obstacles to prosecuting foreign bribery and increase the incentives for companies to self-report this and other misconduct. Partners Rachel Nicolson and Peter Haig, Senior Associates Christopher Kerrigan and James Campbell, and Lawyer Malak Johnson report.

    Read More
  • Focus: Employment Law

    3 April 2017

    In this issue we look at the timeframes for employers to comply with the Federal Government's Code of Tendering and Performance Building Work 2016; the court's view of where right of entry discussions with workers can take place; and a company's duty of care to its employees in an 'unforeseeable' situation like an attempted murder.

    Read More
  • Report: Our look ahead to the private equity market in Australia

    3 April 2017

    With the current exit cycle coming to an end for many sponsors, and large amounts of dry powder waiting to be deployed, we’re expecting an uptick in new investment activity in Australia by private equity sponsors. There are some key trends and sectors to look out for in 2017. The Private Equity team at Allens reports.

    Read More
  • Focus: The latest from the High Court on contractual interpretation

    30 March 2017

    There is an ongoing controversy as to whether, in construing a contract, the 'true rule' in Codelfa mandates that a contract be ambiguous (on its face) before a court may consider evidence of surrounding circumstances. The High Court this week had an opportunity to consider this issue. Although its decision did not expressly resolve the controversy, it may be seen as a (further) departure from the 'ambiguity gateway' approach. Partner, Malcolm Stephens and Senior Associate, Jaime McKenzie report.

    Read More
  • Client Update: House of Representatives passes misuse of market power Bill

    29 March 2017

    The House of Representatives yesterday passed the Government's Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly. The Bill, as passed, removes the mandatory factors the courts would have had to consider in determining whether conduct was anti-competitive (as opposed to vigorous, competitive conduct). The new prohibition, if passed by the Senate, will not commence unless the ACCC has the power to authorise conduct that may otherwise breach the new prohibition. The Government proposes to introduce a further Bill shortly giving the ACCC this power. Partner Kon Stellios and Senior Associate Lisa Lucak report.

    Read More
  • Focus: Is hourly billing for liquidators back?

    21 March 2017

    The NSW Court of Appeal has recently considered the basis on which liquidators' 'reasonable remuneration' should be determined. Partner Chris Prestwich, Senior Associate Przemek Kucharski and Lawyer Kane Kersaitis report on the decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr.

    Read More
  • Focus: Anti-bribery & corruption: Key questions for boards and executives

    6 March 2017

    Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. In-house counsel perform a central role in supporting this oversight and maintaining compliance. In the first of a five-part series, Partners Rachel Nicolson and Peter Haig, Senior Associate Tim Farhall and Lawyer Shamistha Selvaratnam look at the key questions that Australian boards and senior executives should be asking themselves about anti-bribery regulation and compliance practice in 2017.

    Read More
  • Client Update: Franchisors and holding companies liable under Vulnerable Workers Bill

    2 March 2017

    The Federal Government has introduced a Bill that will make franchisors liable for breaches of employment law by franchisees. Partner Simon Dewberry and Managing Associate Andrew Stirling report.

    Read More
  • Focus: Supply chains in the spotlight: Establishing an Australian Modern Slavery Act

    21 February 2017

    The Australian Government has announced the launch of a broad inquiry into establishing a Modern Slavery Act in Australia. The inquiry will consider whether the introduction of anti-slavery legislation would strengthen and improve Australia's current regime to combat slavery. If introduced, a Modern Slavery Act would have significant implications for Australian businesses and their suppliers abroad. Partner Rachel Nicolson, Associate Freya Dinshaw and Lawyer Shamistha Selvaratnam report.

    Read More
  • Focus: Forge-ing ahead - the treatment of fixtures under the PPSA

    21 February 2017

    The Court of Appeal has confirmed that under the Personal Property Securities Act 2009 (Cth) 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures (ie part of the land). In unanimously upholding a 2016 decision of the Supreme Court of New South Wales, the appeal decision serves as yet another remainder of the importance of registering security interests on the Personal Property Securities Register, including those arising under equipment leases. Partner Kim Reid, Senior Associate Przemek Kucharski and Associate Jonathon New, who acted for the successful party in this matter, report.

    Read More
  • Focus: The Rolls-Royce bribery case and its implications in Australia

    30 January 2017

    A Deferred Prosecution Agreement in the United Kingdom, which will see the Rolls-Royce company pay more than £500 million to settle charges of foreign bribery, is the most significant UK DPA to date. It is likely to influence the approach and expectations of the Australian Government and law enforcement agencies, which are considering a suite of measures aimed at facilitating a more effective response to corporate crime, particularly those that encourage self-reporting of foreign bribery. Partners Rachel Nicolson and Peter Haig, Senior Associate James Campbell and Lawyer Malak Johnson report.

    Read More
  • Food Law Bulletin

    21 December 2016

    In this edition we look at the ACCC's case against Heinz's Shredz product and what it means for advertising of high-sugar foods; litigation relating to the health claims of a2 milk; and the new safe harbour provisions for country of origin labelling.

    Read More
  • Focus: Disclosing privileged documents to regulators

    16 December 2016

    In Cantor v Audi, the Federal Court denied Australian class action plaintiffs access to documents exchanged between Volkswagen AG and a foreign regulator. The case provides insights into what you should consider before providing privileged documents to a regulator. This is critical in an era of increasing regulatory action and class actions in which plaintiffs seek to piggy back off global regulatory investigations and proceedings. Partner Alex Cuthbertson, Senior Associate Monisha Sequeira and Lawyer Alex Lee report on the decision.

    Read More
  • Focus: Take care with agency arrangements - Flight Centre decision

    14 December 2016

    The High Court today handed down its decision in the high-profile ACCC proceedings against Flight Centre. The High Court allowed the ACCC's appeal from the Full Federal Court, finding that Flight Centre competed with airlines in the sale of international airline tickets and attempted to induce three major airlines to enter price-fixing arrangements. Partner Carolyn Oddie, Managing Associate Robert Walker and Lawyer Darcy McLennan consider the implications.

    Read More
  • Focus: A blow to class action judgments achieving finality

    12 December 2016

    Ordinarily, a party cannot raise in later proceedings issues which it could and should have raised in earlier proceedings. This principle recognises the public interest in resolving disputes with finality. In a recent decision, the High Court considered how that principle applies in the context of group proceedings. The judgment sounds a cautionary note that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims in relation to the same factual circumstances in new proceedings. Partner Belinda Thompson and Lawyer Alex Lee examine the decision and its implications.

    Read More
  • Focus: Employment Law

    6 December 2016

    In this issue we look at the Fair Work Ombudsman's decision to prosecute a sham contracting offence even after the employer had rectified the underpayments; the enforceability of post-employment restraint of trade clauses; how a new ABCC will look like after its journey through the Senate; and the importance of negotiating an enterprise agreement only with employees who have commenced work.

    Read More
  • Client Update: Amending the misuse of market power prohibition

    1 December 2016

    On 1 December 2016 the Federal Government introduced a Bill to Parliament to amend section 46 of the Competition and Consumer Act 2010 (Cth), which prohibits the misuse of market power. The Bill adopts the recommendations of the Harper Review.

    Read More
  • Focus: Increased whistleblower protections, and more to come...

    24 November 2016

    The Federal Parliament has passed an industrial relations bill that includes significant increases to the whistleblower protections applicable to unions and employer organisations. In what would be a comprehensive overhaul of Australia's whistleblower laws, the Federal Government has separately agreed to support the introduction of equivalent (or better) whistleblower protections in the public and private sectors. Partner Rachel Nicolson, Senior Associate Chris Holland and Lawyer Karina Plain report.

    Read More