Allens

All 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 would like to read back issues, please go to the 'Publications' menu in the top right-hand corner of this page and use the drop-down menu to select your preference (or use the list in the grey box at the bottom of this page). 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 feeds.

Filter by area of interest * :

 

Filter by time:

  

* Multiple items can be selected by holding down the Ctrl or Shift key.

  • Client Update: Penalties ordered in ACCC cartel action against Cryosite are a strong reminder of rules prohibiting 'gun jumping'

    19 February 2019

    The Federal Court has imposed civil penalties of $1.05 million on Cryosite Limited for engaging in cartel conduct. This was the first case brought by the ACCC alleging 'gun jumping' in a merger, being the coordination of competitive conduct by merger parties prior to completion. It's a timely reminder for transaction parties, especially those who are competitors, to carefully manage M&A transactions and to consider their competition law risks throughout the course of transaction negotiations, particularly on the terms of any agreements. Partner Jacqueline Downes, Managing Associate Felicity McMahon and Senior Associate James Somerville report.

    Read More
  • Client Update: Climate change reporting - heating up in 2019

    19 February 2019

    The need for companies to manage and report on climate-change risks is gaining momentum in Australia. This is part of a global trend, as investors and governing bodies increasingly expect companies to integrate climate risks into their strategy and reporting – yet, tools for monitoring and disclosing climate-change risks are at a relatively early stage. Partner Jillian Button, Senior Overseas Practitioner Emily Turnbull and Lawyer Maddy Foote look at the state of play in Australia and abroad, and at the direction of travel in 2019.

    Read More
  • Report: Private Equity Horizons 2019

    18 February 2019

    With dealmakers taking full advantage of highly accessible financing and a massive hoard of dry powder to close more buyouts than before, 2018 was one of the most active years ever for private equity in Australia. The mountain of dry powder competing for limited opportunities, combined with elevated EV/EBITDA multiples across many sectors, resulted in PE sponsors becoming increasingly creative and flexible in their capital deployment strategies. In response to the higher entry‑level valuations for quality businesses, buyside activity saw increased levels of public‑to‑private transactions, as cashed‑up general partners turned their sights to ASX‑lis

    Read More
  • Client Update: Expanded ban on employer incentives for super - amendment passed in the Senate

    15 February 2019

    The Senate has passed amendments that will greatly expand the scope of the prohibition on trustees and their associates providing incentives to employers in section 68A of the Superannuation Industry (Supervision) Act 1993 (Cth). It will also make the section a civil penalty provision. The amendments will need to be passed by the House of Representatives to become law, but this appears to be imminent, and the expanded prohibition will apply from the day after the Royal Assent – meaning it could begin to apply as early as sometime next week. Trustees and their associates should urgently review how they currently interact with employer-sponsors and prospective employer-sponsors.

    Read More
  • Client Update: Opposition's promise of $1 billion for hydrogen reflects growing optimism

    14 February 2019

    The Federal Opposition's recent announcement of a $1.1 billion 'National Hydrogen Plan', to support development of hydrogen technologies and hydrogen refuelling infrastructure, is only the latest development demonstrating the industry's potential growth. Partner Igor Bogdanich, Associate Holly Woodcroft, Lawyer Bridgette Gorman and Vacation Clerk Charlie Pitney report.

    Read More
  • Nucleus: corporate law developments

    13 February 2019

    Welcome to our monthly snapshot of regulatory updates and other developments in corporate law. We know you are busy, so our focus is on capturing key issues. Due to the holiday period, this month's issue covers developments in December and January, and we belatedly wish you a happy 2019!

    Read More
  • Client Update: State of trade - the regulatory impacts on your business in 2019

    12 February 2019

    If last year was anything to go by, managing trade-related risk has never been more important to your business. In 2018 we saw significant growth in regulatory actions undertaken globally in reliance on trade law, with trade barriers at the forefront of both domestic and international policy-making. Political rhetoric from both parties, too, showed persistent enthusiasm for strengthening trade regulation, and, with an election looming, we expect 2019 to be a busy year in this space. Partners Louise Jenkins and Rachel Nicolson and Associate Alister Lloyd provide context to recent changes to the regulatory conditions for trade and consider how best to insulate your business.

    Read More
  • In touch: Competition news

    11 February 2019

    In Touch looks at what's been happening in Competition this fortnight, and what it means for your business.

    Read More
  • Client Update: Hayne report - first impressions

    5 February 2019

    Commissioner Hayne's recommendations may initially seem somewhat modest - they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. The Federal Government has said that it agrees with (or supports) all of the recommendations.

    Read More
  • Unravelled: Productivity Commission's report on superannuation - an odd mix of recommendations

    1 February 2019

    Before we are crushed by a heavy tome on Monday afternoon, I would like to say something about the recommendations in another heavy tome – the Productivity Commission's report on superannuation. The recommendations are an odd mix.

    Read More
  • Unravelled: The future age of AI

    1 February 2019

    We will be able to cease speculation on what is in or not in the Final Report of the Financial Services Royal Commission on Monday evening (or after whatever time it takes to read and digest!).

    Read More
  • Report: National Electricity & Gas Rules Update: December 2018 - January 2019

    1 February 2019

    In this update we review the progress of rule changes across the period of December 2018–January 2019 and take a closer look at the AEMC's proposed changes to the regulatory regime for embedded networks.

    Read More
  • Client Update: ALRC's class action report - a 'canary in the coal-mine'?

    30 January 2019

    The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding, which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regime's original objectives. Partners Jenny Campbell and Kate Austin consider what the report means for potential class action defendants.

    Read More
  • In touch: Competition news

    23 January 2019

    In Touch looks at what's been happening in Competition, and what it means for your business.

    Read More
  • Focus: Employment & Safety

    19 January 2019

    In this issue we look at what counts as employee service after a transfer of business; when summary dismissal for calling another worker a 'scab' is unfair; an employer's power to require reasonable overtime; when an individual flexibility arrangement that doesn't meet the relevant legal requirements can still apply; and the latest on unpaid family and domestic violence leave, and flexible working arrangements.

    Read More
  • Trend Watch: What the top ten 2018 cybersecurity trends mean for your business

    16 January 2019

    Last year was a big year for cybersecurity. Organisations were forced to grapple with an increasingly complex regulatory environment as governments across the globe continued to navigate how to best protect personal information in the face of increasingly sophisticated cybersecurity threats. We look at the top ten cybersecurity trends that defined 2018 and what they mean for Australian businesses in 2019.

    Read More
  • Allens insights: The Kwinana Waste to Energy project and the waste-to-energy landscape in Australia

    8 January 2019

    After four years in the making, the first commercial waste-to-energy project in Australia has achieved financial close, but what opportunities and challenges lie in store for waste-to-energy in Australia?

    Read More
  • Client Update: New Decree on corporate bonds in Vietnam - key changes for foreign investors

    7 January 2019

    A new Decree, coming into effect on 1 February 2019, introduces more relaxed conditions for bond issuance but, on the other hand, bond issuers will be subject to a more stringent disclosure regime in relation to the bonds they issue. Partners Robert Fish and Linh Bui and Associate Dang Vu explain the likely impact of the new Decree for foreign investors looking to invest in Vietnamese corporate bonds.

    Read More
  • Unravelled: Comments invited on proposed retirement income product disclosure

    20 December 2018

    Treasury has released a consultation paper on a new proposed simple, standardised product disclosure document, as part of the Federal Government's framework for Comprehensive Income Products for Retirement. The proposed new disclosure document will sit alongside existing PDS requirements.

    Read More
  • Unravelled: What's ahead for home loans in 2019

    20 December 2018

    As we, and many others, have written over the course of this year, the Royal Commission will bring (and, in fact, already has brought) monumental changes both in how banks are regulated and to the actual laws that apply to them.

    Read More
  • Unravelled: Changes to the FSC Life Insurance Code of Practice

    20 December 2018

    Proposed changes to the FSC Life Insurance Code are afoot and the deadline for comments is fast approaching. The present review of the Code is designed to improve standards in product design, sales, underwriting, customer service, complaints and claim handling

    Read More
  • Client Update: Private equity under the spotlight - ASIC cracks down on offers of stub-equity in proprietary companies

    20 December 2018

    ASIC is clamping down on the use of an offer of stub-equity in a proprietary company as an alternative form of consideration in public control transactions. This, and recent developments in the Capilano scheme, shows that ASIC is now looking at stub-equity consideration structures more closely and, in certain circumstances, will be prepared to challenge transactions. Partners Guy Alexander and Tom Story and Managing Associate Noah Obradovic report on the implications.

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

    19 December 2018

    In this issue we report on how a top European court denied copyright protection for taste; ROKT's major win in the fight for software-related inventions; who, or what, is the author of computer-created works, and whether those works are entitled to copyright protection; how the Federal Court is handling the issue of offers of compromise and indemnity costs; the key points from Sigma v Wyeth; the world’s first counterfeit and piracy watch list; the brand war between Sportsbet and BetEasy; and the Network 10 rebrand trade mark controversy.

    Read More
  • Paper: Recent trends in Australian competition law

    18 December 2018

    There have been significant developments in Australian competition law over the last 12 months, both from a merger review and enforcement perspective. Onerous merger reviews and criminal cartel prosecutions are indicative of a more acute antitrust landscape for those doing business in Australia. The ACCC has cemented itself as a leading voice in Australia’s regulatory ecosystem and competition policy is shaping the future of Australia’s key industries from financial services to energy.

    Read More
  • Report: National Electricity & Gas Rules Update: November 2018

    18 December 2018

    In this update we examine the progress of new and existing rule changes across the month of November and take a closer look at opportunities for stakeholders to provide input into the AER's development of a Customer Hardship Policy Guideline.

    Read More
  • Client Update: Reserving gas for domestic markets - Queensland's next step

    18 December 2018

    Both Queensland and Western Australia have mechanisms designed to ensure that, in the face of the competing demands of LNG exports, adequate gas is available for domestic use. Queensland is now looking to go a step further, by imposing a condition on identified petroleum authorities to the effect that the gas produced be used to supply domestic manufacturers. Partner John Greig and Lawyer Mark Young review these developments.

    Read More
  • Paper: 3D Printing Legal Workshop - A Deeper Dive

    18 December 2018

    The Allens 3D Printing Practice recently held a workshop in Melbourne and Sydney which explored key legal issues arising from 3D printing, particularly for the healthcare industry. Our Allens panel members – Sarah Matheson, Ric Morgan, Phil O’Sullivan, Dr Tony Shaw, Tracy Lu and Rob Munro – were joined by industry leaders

    Read More
  • Food Law Bulletin

    17 December 2018

    In this edition: how new technologies can assist in preventing food fraud; two recent cases of interest to food and beverage companies seeking to distinguish their marks from competitors'; what happens when an offshore giant attempts to take on a longstanding local user of a mark; and confirmation from the Federal Court that food and beverage industry participants can be found to have engaged in misleading or deceptive conduct for not complying with relevant regulatory regimes.

    Read More
  • Client Update: ASIC extends transition period for fees and costs disclosures, and delays consultation paper to January 2019

    14 December 2018

    ASIC has extended the transition periods for certain fees and costs disclosure obligations applicable to superannuation funds and managed investment schemes by a further year, pending the release of its consultation paper on the regime. It has also delayed the expected release date for the consultation paper until January 2019. Senior Associate Stephanie Malon and Lawyer Katerina Dandanis report.

    Read More
  • Linklaters Insights: Year in review, Year to come, Australian Law in 2018

    12 December 2018

    Key areas of focus included law reform in relation to data protection and foreign investment regulation and taxation as well as new laws aimed at protecting critical infrastructure assets and making companies operating in Australia more accountable in some of their business practices and operations.

    Read More
  • Linklaters Insights: Year in review, Year to come, Papua New Guinea Law in 2018

    12 December 2018

    Year in Review 2018 discusses some of the key areas of focus in PNG in 2018. Areas of reform in 2018 included capital markets regulation and improving infrastructure through a Public Private Partnership Act encouraging the private sectors' interest in working with the Government to develop much-needed infrastructure.

    Read More
  • Linklaters Insights: Year in review, Year to come, Vietnam Law in 2018

    12 December 2018

    Key areas of focus included law reform in relation to data protection and foreign investment regulation and taxation as well as new laws aimed at protecting critical infrastructure assets and making companies operating in Australia more accountable in some of their business practices and operations.

    Read More
  • Nucleus: corporate law developments

    11 December 2018

    Welcome to our monthly snapshot of regulatory updates and other developments in corporate law. We know you are busy, so our focus is on capturing key issues.

    Read More
  • Paper: Paper: Investing in e-payment businesses in Vietnam

    11 December 2018

    Online businesses have been booming in Vietnam, with the digital economy growing by more than 25 per cent in the past 12 months. This rise of the digital economy coupled with regulatory reform has accelerated the uptake and use of e-payment in Vietnam, and there has been a sharp increase in foreign investment in the sector. In this report, we look at the legal framework for e-payment activities; the key legal issues and options for foreign investment in this sector; and the proposed changes to the e-payment regulations.

    Read More
  • Client Update: Comment invited on new procurement guidelines to fight black economy

    11 December 2018

    Comment is being sought on new guidelines designed to enhance good tax behaviour and create an even playing field for businesses that comply with their tax obligations. Partner John Greig and Lawyer Patrick Broe outline the proposed guidelines, the implications for tenderers, and some matters that tenderers may wish to consider raising in their submissions, before the 21 December deadline.

    Read More
  • Focus: A new enforcement landscape for Australian corporations in 2019 and beyond

    10 December 2018

    The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry Interim Report, and a raft of announcements at the federal level over the past 12 months, point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond. Partner Paul Nicols, Senior Overseas Practitioner Chris Kerrigan and Associate Samantha Naylor Brown report.

    Read More
  • Client Update: Controversial encryption legislation passed

    10 December 2018

    The Government's highly controversial encryption legislation was hastily passed through Parliament last week, making it the first legislation of its kind globally. Partner Valeska Bloch and Paralegal Sophie Peach report.

    Read More
  • Client Update: Modern Slavery Bill passed - how can your business prepare?

    3 December 2018

    As the Federal Modern Slavery Bill has passed Parliament, Australian entities (or entities carrying on a business in Australia) with at least $100 million global consolidated revenue will be required to submit an annual modern slavery statement on the risks of modern slavery in their operations and supply chains. While the first statement will not be due until 2020, you should take steps now to ensure that, when the time comes, your business can meet the reporting obligations. Partner Paul Nicols, Senior Associate Dora Banyasz, Senior Associate Clare Bradin and Associate Holly Woodcroft report.

    Read More
  • Focus: Class action amounts to multiple claims under insurance policy

    3 December 2018

    The decision in a recent Supreme Court of New South Wales case, where indemnity was sought for costs incurred defending and settling a class action, highlights a potential gap in coverage under civil liability insurance policies. Partner Louise Jenkins, Senior Associate Julia Clemente and Lawyer Calypso Strauss report. 

    Read More
  • Paper: Privatisation in Vietnam

    3 December 2018

    Vietnam continues to be an attractive destination for foreign investors. As well as raising capital from equity investors, both Vietnamese and foreign-invested enterprises continue to require foreign debt capital in the form of loans from overseas banks to establish and grow their businesses here. Although foreign loans are not new in Vietnam, there are a number of longstanding, and more recent, issues that arise for both borrowers and lenders in the process of structuring and implementing such a loan.

    Read More
  • In touch: Competition news

    30 November 2018

    In Touch looks at what's been happening in Competition this fortnight, and what it means for your business.

    Read More
  • Client Update: Steps taken to progress Strategic Energy Plan

    27 November 2018

    Tasked with preparing a draft Strategic Energy Plan on behalf of the COAG Energy Council, the Energy Security Board has developed five key outcomes and a list of objectives for the National Electricity Market, and is seeking industry feedback on the proposed metrics for evaluating market performance against these objectives. Partner Anna Collyer and Associate Luisa Colosimo discuss the ESB's proposal, and opportunities for stakeholders.

    Read More
  • Report: Class Action Risk 2018

    26 November 2018

    Class action risk continues to increase and is becoming more complex than ever before. Assessing this risk for your organisation is extraordinarily challenging and requires a broad-based perspective of the broader class actions landscape. To give that broader context, as well as practical guidance, our Class Actions team has prepared this guide to class action risk at the end of 2018.

    Read More
  • Client Update: Competing class actions - no 'one size fits all' solution

    22 November 2018

    The Full Federal Court has held that, when the court is faced with multiple 'competing' class actions in relation to the same issue, it can choose one to proceed and stay the others. In doing so, it said that there is no 'one size fits all' solution to the problem of competing class actions, and that different cases will require different approaches. Partner Jenny Campbell and Senior Associate Alex Tolliday report.

    Read More