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.

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  • Client Update: APRA releases 'constructively tough' Enforcement Approach

    18 April 2019

    In the wake of the Financial Services Royal Commission (Royal Commission) and the introduction of the Banking Executive Accountability Regime (BEAR), APRA has undertaken a review of its enforcement strategy. The Enforcement Review Final Report (APRA Final Report) and an updated Enforcement Approach have now been released. While the new Enforcement Approach falls short of ASIC's 'why not litigate' approach, it suggests APRA will take a more active and 'constructively tough' approach to enforcement, supported by a new enforcement team.

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  • InIP: What's happening in intellectual property

    18 April 2019

    • In this issue we examine a patentee's ability to enforce Swiss-style claims against makers of bioequivalent products following the Mylan Health decision; the EU Copyright Directive raises more questions than answers; Jim Beam drives home its trade mark rights; Telstra calls for its right to Belong; IPONZ announces major fee changes for patents and trade marks; NZ accedes to the Budapest Treaty; illegal Banksy merch raises compelling questions over artists' rights; and Cardi B thinks trade marks are OKURRR.

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  • Paper: Investing in the education sector in Vietnam

    18 April 2019

    Private schools have become an increasingly attractive business in Vietnam, as the large number of students from the growing middle class fuels demand for quality education, while existing public schools struggle to keep up. The Vietnamese Government has recently amended the legal regime for foreign investment in the education sector, which, coupled with the rise in market demand, is expected to result in an increase in such investment in the coming years. In this report, we set out the general legal framework for foreign investment in the education sector; and give an overview of the required regulatory approvals and procedures for investing in an education institution in Vietnam.

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  • In touch: Competition news

    17 April 2019

    In Touch looks at what's been happening in the Australian competition, consumer and regulatory world, and what it means for your business.

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  • Unravelled: Trustees, start your reviewing! Super funds and the 'Member Outcomes Act': what needs doing, and when

    17 April 2019

    The Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2019 was first introduced in the Senate in September 2017. One and a half years later, and with significant amendments, the Bill is now an Act, having passed both houses of Parliament and receiving Royal Assent on the same day, 5 April 2019.

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  • Unravelled: Design and distribution obligations - products caught (or excluded)

    17 April 2019

    Four and a half years after the FSI recommended a 'targeted and principles-based design and distribution obligation', the Design and Distribution Obligations and Product Intervention Powers Act 2019 (the Act) has recently received the Royal Asset. Although the design and distribution obligations will not commence for another two years, it is worth examining some of the financial products that will be caught (or excluded).

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  • Unravelled: AFCA: The first six months - and the year ahead

    17 April 2019

    The Australian Financial Complaints Authority (AFCA), the new 'one-stop-shop' for resolving financial complaints, has had a very busy first six months of operation.

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  • Unravelled: Considering Robo-advice

    17 April 2019

    The Australian Financial Complaints Authority (AFCA), the new 'one-stop-shop' for resolving financial complaints, has had a very busy first six months of operation.

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  • Focus: English law developments on parent liability for local impacts - the Vedanta Resources decision

    15 April 2019

    On 10 April 2019, the English Supreme Court ruled that nearly 2000 members of rural farming communities in Zambia can bring proceedings in the English courts against the UK-incorporated Vedanta Resources Plc (Vedanta). The claims relate to the copper mining operations of one of Vedanta's subsidiaries, Konkola Copper Mines Plc (KCM). The Supreme Court's decision has the potential to open the way for claims to be brought against parent companies by third parties affected by the operations of a subsidiary (eg local residents). The decision also highlights a tension between emerging litigation risk and public commitments made by companies regarding their responsibilities to communities and the environment. Partner Rachel Nicolson, Senior Overseas Practitioner Emily Turnbull and Lawyer Jessye Freeman report.

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  • Client Update: ACCC releases draft Consumer Data Right Rules for consultation

    15 April 2019

    In preparation for the implementation of the first phase of the Consumer Data Right on 1 July 2019, the ACCC has released draft CDR Rules for consultation. The draft rules detail how the CDR will function across all designated sectors in practice, including how data is to be shared, the criteria for accreditation, dispute resolution requirements and privacy safeguards. They also contain rules that are specific to the banking sector. This article provides an overview of the draft rules, the key changes made since the release of the Rules Framework in October 2018 and the Rules Outline in December 2018 and the key issues left open for further consideration.

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  • Client Update: Government proposes major changes to privacy law

    9 April 2019

    The Federal Government has proposed radically increased financial penalties and new powers for the Office of the Australian Information Commissioner, in the wake of increased scrutiny of social media platforms and a growing consensus that Australia's privacy legislation has fallen behind global norms. The Technology, Media & Telecommunications team reports.

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  • Client Update: New Circular to permit foreign investor deposits in foreign currency for investments in state-owned enterprises in Vietnam

    8 April 2019

    A new Circular issued by the State Bank of Vietnam will allow non-resident foreign investors to use foreign currency for deposits, or escrow deposits, when participating in an auction for the purchase of shares or capital contribution in connection with the equitisation or divestment of state owned enterprises. Partner Melissa Keane and Senior Associate Hieu Nguyen report.

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  • Nucleus: corporate law developments

    5 April 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.

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  • In touch: Competition news

    3 April 2019

    In Touch looks at what's been happening in the Australian competition, consumer and regulatory world, and what it means for your business.

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  • Client Update: ASIC continues clamp down on shareholder intention statements

    1 April 2019

    Bidders and targets must exercise caution in securing shareholder support over more than 20 per cent of target shares for bids and schemes, as ASIC continues its clamp down on shareholder intention statements and prepares to issue new guidance on 'truth in takeovers'. In this article, we take a closer look at ASIC's policy concern and recent market practice, and set out our views on the right way forward for shareholder intention statements.

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  • Report: National Electricity & Gas Rules Update: March 2019

    1 April 2019

    In this update we summarise the progress of new and existing rule change requests across the month of March and take a closer look at the COAG Energy Council's work plan for the Post 2025 Market Design of the National Electricity Market.

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

    29 March 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.

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  • Allens insights: Australia - Fund Finance 2019, 3rd Edition

    27 March 2019

    Fund financing activities in Australia remained strong in 2017, with particular focus on infrastructure, private equity funds and private debt funds, all of which took advantage of the additional liquidity and funding flexibility in this market.

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  • Contract Law Update 2018

    26 March 2019

    Our Contract Law Update has been summarising appellate contract law decisions since 2012. We are breaking with tradition this year and, for the first time, including a foreign judgment in this Update, which will tell you whether, according to the UK Supreme Court, it is possible for parties to prevent their written contracts being amended orally (and whether Australian courts agree). We also consider the doctrines of abandonment and frustration; explain the differences between novation and nomination, and between inferring and implying terms; and examine the latest judicial consideration on when loss of opportunity damages might be available.

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  • Client Update: New developments in Vietnam's renewable energy market

    26 March 2019

    The Ministry of Industry and Trade of Vietnam (the MOIT) recently introduced amended regulations on wind power projects, and issued new model power purchase agreements for wind projects and rooftop solar power projects. New policies and feed-in tariffs for solar power projects are also on the horizon. Partner Melissa Keane and Associates Hien Nguyen and Trang Dang discuss the key developments.

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  • Client Update: Foreign investment in PNG - proposed changes

    25 March 2019

    The Papua New Guinea Government has revised proposed changes to PNG's foreign investment laws after concerns were raised about the potential economic effect of the initial reform package. The proposed amendments, if enacted, could still have far reaching consequences for PNG's foreign investment community, including: (1) the creation of a new register and Registrar of certified foreign investors; (2) clarification of the functions of the Investment Promotion Authority, its Board, Managing Director and the Registrar; and (3) the classification of restricted activities and introduction of new conditions of certification, along with a proposed introduction of minimum investment requirements for business-residence visas. Partner, Sarah Kuman, Senior Associate Chris Case and Lawyer Maddy Foote explain.

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  • In touch: Competition news

    22 March 2019

    In Touch looks at what's been happening in the Australian competition, consumer and regulatory world, and what it means for your business.

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  • Client Update: An overhaul of regulation of software as a medical device - what's on the horizon?

    22 March 2019

    Proposed new regulatory rules for software as a medical device will, if enacted, have serious implications for suppliers to the Australian market, who will likely have to meet more stringent requirements that could conflict with those in the US and Europe. Special Counsel Ric Morgan and Senior Associate Tracy Lu look at the changes, and at what you should be considering now.

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  • Focus: Australia and Indonesia sign bilateral free trade agreement - what it means for you

    21 March 2019

    After eight years of negotiation, Australia and Indonesia have signed a bilateral free trade agreement that both reduces tariff and non-tariff barriers for trade and investment, and simplifies various regulatory requirements. The loosening of regulations regarding key Australian services exports and new investment opportunities is likely to be welcomed by Australian businesses, especially in the agricultural and education sectors. Understanding these changes now will prepare your business for any opportunities which might arise from the agreement. Partner Rachel Nicolson, Senior Associate Dora Banyasz and Lawyer Oliver Lloyd report.

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  • Nucleus: corporate law developments

    21 March 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.

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  • Linklaters Insights: Competition Outlook for 2019: Succeeding in uncertain times

    20 March 2019

    Dealing effectively with the challenge of rapid technological change, from a competition law perspective, requires companies to think deeply and plan ahead, to work closely and collaboratively with regulators to better understand the dynamic nature of their business and any impacts on competition and consumers, and to approach the issues in a creative, pragmatic and technology-savvy way.

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  • Client Update: Getting its priorities straight - ACCC's 2019 product safety priorities

    20 March 2019

    Just in time for World Consumer Rights Day on 15 March 2019, the Australian Competition and Consumer Commission (ACCC) formally announced its 2019 Product Safety Priorities. Partner Miriam Stiel and Senior Associate Julia Taylor explain which issues remain in the hot seat, and what's new on the agenda.

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  • Client Update: Retailer Reliability Obligation in force soon

    19 March 2019

    The 1 July 2019 deadline for the introduction of the Retailer Reliability Obligation is getting close, with consultation on the draft National Electricity Rule changes designed to implement it now open. Partner John Greig, Managing Associate Karla Drinkwater, Associate Mark Leersnyder and Lawyer Mark Young discuss the key new design details and areas for consideration, ahead of the submission deadline of 5 April 2019.

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  • Client Update: 'Fairness in Franchising' report: what you need to know

    18 March 2019

    The Parliamentary Joint Committee on Corporations and Financial Services has completed its inquiry into the operation and effectiveness of the Franchising Code of Conduct (the Franchising Code). The Committee's report recommends 71 wide-ranging recommendations to address perceived power imbalances and exploitation in the franchising sector. We take a look at the key proposals below and the implications for businesses. The report also recommends the establishment of an inter-agency governmental taskforce to review certain recommendations in further detail, meaning additional opportunities for engagement and comment will likely be available to stakeholders. We will await the outcomes of the taskforce's actions, and the Government's response to the recommendations.

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  • Unravelled: Superannuation - 'not a product to be sold'?

    18 March 2019

    In his typically blunt way, Commissioner Hayne declared: 'Superannuation is not a product to be sold'. As Mr Hodge QC was fond of saying, I would like to 'tease that out' a little.

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  • Unravelled: ASIC consultation on fees and costs disclosure reform following expert review

    18 March 2019

    It's been a long five years or so of amendments to, and consultation on, the fees and costs disclosure regime for superannuation and managed investments products. And industry might be forgiven for feeling a sense of déjà vu, with the release earlier this year of ASIC's consultation paper on the regime.

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  • Focus: ASIC's change of tone in action

    15 March 2019

    ASIC's 'why not litigate?' approach to enforcement activities and its change in tone confirm the new era of regulatory engagement has arrived. Partner Kim Reid, Senior Associate Natalie Oliver and Lawyer Micaela Bassford report

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  • Client Update: Major new proposals for regulating personalised medical devices

    14 March 2019

    The latest proposed changes to the regulation of personalised medical devices (including 3D-printed devices) introduce a set of new, internationally harmonised definitions, which, if implemented, will have important effects on the industry. Special Counsel Ric Morgan and Senior Associate Tracy Lu consider the key new proposals.

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  • Client Update: High Court delivers historic ruling on native title compensation

    14 March 2019

    Yesterday the High Court delivered its eagerly awaited decision on compensation for the extinguishment of native title. This is the first time Australia's highest court has ruled on this issue. Partner Ben Zillmann and Senior Associate Giselle Kilvert summarise the key aspects of the decision.

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  • Client Update: Review your IP arrangements: IP exemption from competition laws soon to be repealed

    12 March 2019

    Section 51(3) of the Competition and Consumer Act 2010 (CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive conduct in the CCA, will be repealed. The repeal of the exemption means commercial transactions involving IP rights will be subject to the CCA in the same manner as transactions involving other property and assets. Businesses will have six months to review their current arrangements to ensure they comply with the competition laws before the exemption is removed. Partners Tim Golder and Robert Walker, and Senior Associate Lauren John, report.

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  • Client Update: Protecting Your Superannuation Package - what you need to do, and when

    7 March 2019

    Recently passed legislation, part of a package of reforms designed to 'protect Australians' superannuation savings from undue erosion by fees and insurance premiums', introduces a series of important changes that will create challenging implementation timeframes for funds and administrators in the coming months. Partner Geoff Sanders and Lawyer Zoe Chapman report on the effects of the amendments, and what they mean for trustees of superannuation funds.

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  • In touch: Competition news

    6 March 2019

    In Touch looks at what's been happening in the Australian competition, consumer and regulatory world, and what it means for your business.

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  • Client Update: Amendments to include insurance claims handling in the definition of 'financial services'

    5 March 2019

    The Federal Government has released a consultation paper which takes action on Recommendation 4.8 of the Banking Royal Commission's Final Report. If implemented, the handling and settlement of insurance claims will become a 'financial service' under the Corporations Act 2001 (Cth) and will be subject to oversight by the Australian Securities and Investments Commission (ASIC). Even with careful and staged implementation, such a change would likely cause disruption, and require insurers and service providers to review their services and compliance with the newly imposed obligations. Partner Simun Soljo and Lawyer Virginia Wang report.

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  • Client Update: The Consumer Data Right and energy - what it means and what to do about it

    5 March 2019

    Following close on the heels of the banking sector, Australia's energy sector will soon be required to grapple with the implementation of the Consumer Data Right (CDR). The ACCC has commenced consultation on how the CDR may apply in the energy sector, and a CDR bill has been introduced to parliament which, if passed, would likely see the CDR apply to the energy sector by mid-2020. Given data's central role in the energy sector, energy market participants should carefully consider what impact a CDR may have on their consumers, commercial arrangements, costs, data-sets, processes and policies in order to navigate the opportunities and threats presented by this change. Partner and Head of Innovation Anna Collyer, Associate Mark Leersnyder and Lawyer Sean Gilmartin report.

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  • Client Update: ASX Corporate Governance Principles and Recommendations: 4th edition - what do they mean for you?

    1 March 2019

    The 4th edition of the ASX Corporate Governance Principles and Recommendations focuses strongly on the link between culture, values and community expectations, consistent with the themes that emerged from the Royal Commission. Entities should start to take steps now to address the new and revised principles and recommendations. Partners Kate Towey, Robert Pick and Associate Isaac Wall report.

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  • Report: National Electricity & Gas Rules Update: February 2019

    1 March 2019

    In this update we summarise the progress of new and existing rule change requests across the month of February and take a closer look at the ACCC's new consultation paper on the approach for implementing the Consumer Data Right in the energy sector.

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  • Client Update: ACCC 2019 Enforcement Priorities

    28 February 2019

    A number of industries and issues are in the spotlight following release of the ACCC's 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February.

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  • InIP: What's happening in intellectual property

    28 February 2019

    In this issue we we explore how textile merchants can weave in copyright protections when purchasing designs from third-parties; McDonald's loses its iconic 'BIG MAC' trade mark in Europe; 'best method' goes from bad to worse for divisional patents; a deodorant standoff explores the meaning and use of 'clinical strength'; New Zealand introduces a saving grace for inadvertent public disclosures; and the ACCC delivers the goods in its first two decisions on bad faith.

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  • Client Update: NSW Court's ruling on climate change raises concerns for coal industry

    26 February 2019

    The recent decision of the NSW Land and Environment Court on Gloucester Resources' proposed Rocky Hill Coal Project attracted significant press in the past week, primarily due to the court's comments regarding climate change in the course of its ruling against the mine's approval. Partners Ben Zillmann and Bill McCredie analyse the key features of the decision and its implications.

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  • Focus: Major new corporate and financial sector penalties - what they mean for you

    22 February 2019

    New legislation that greatly increases penalties for corporate and financial sector misconduct will have wide-ranging and significant effects. Partner Alex Mason, Managing Associate Chris Kerrigan and Associate Rachele Troup report.

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  • In touch: Competition news

    21 February 2019

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

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  • 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.

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  • 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

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  • 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.

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  • 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.

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