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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  • Linklaters Insights: Business Crime Quarterly

    19 January 2018

    In the Business Crime Quarterly Autumn 2017 edition, our global alliance partner Linklaters examined the extent to which international regulators and prosecutors are increasingly working together to tackle economic crime. We contributed summaries on the recently published judgment in the Tabcorp civil penalty proceedings for breach of the AML/CTF regime and the proposed changes to Australia's whistleblower framework.

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  • Allens insights: The Privacy, Data Protection and Cybersecurity Law Review - Edition 4

    19 January 2018

    Allens Partner Michael Morris authored the Australia chapter of The Privacy, Data Protection and Cybersecurity Law Review. The year ahead is likely to bring increased attention to connected devices, autonomous vehicles, artificial intelligence, machine learning, big-data analytics and predictive algorithms.

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  • Focus: Court finds PZ Cussons spotless in alleged laundry detergent cartel

    19 January 2018

    Allens acted for PZ Cussons in successfully defending the first contested 'hub and spoke' cartel case brought by the ACCC. The ACCC alleged (among other things) that laundry detergent suppliers entered into an agreement via communications through an intermediary – initially, the industry association and, subsequently, a major customer, Woolworths. The other respondents in the proceeding - Colgate-Palmolive and Woolworths - settled with the ACCC in 2016, paying pecuniary penalties of $18 million and $9 million respectively. Partner Kon Stellios and Senior Associate Lisa Lucak, who worked on the case, report.

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  • Client Update: Financial products - design and distribution obligations and product intervention powers

    22 December 2017

    After a gestation period roughly one-and-a-half times as long as that of an elephant, the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. The consultation period is not so long - you have until 9 February 2018 to make a submission. Senior Regulatory Counsel Michael Mathieson reports.

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  • Client Update: Proposed Foreign Influence Transparency Scheme to shine light on foreign interests lobbying

    20 December 2017

    The Federal Government has introduced into Parliament legislation that, if passed, will create the Foreign Influence Transparency Scheme, which will require persons and entities who have arrangements with, or undertake activities for, foreign principals to meet certain registration obligations. The scheme is intended to enhance transparency around the foreign influences on Australian politics and has been introduced alongside a suite of reforms in relation to national security. Partner Rachel Nicolson, Associate Katie Gardiner and Lawyer Jamil Diu report.

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  • Unravelled: A Commission of Inquiry - of the Royal, not the Parliamentary, kind

    19 December 2017

    Since the announcement of the Royal Commission into, ahem, financial services, much has been written and said – a lot of which suggests that little attention is being paid to the terms of reference. In this article I take a look at those terms.

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  • 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.

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  • Focus: New Victorian Market-led Proposals Guideline

    19 December 2017

    The Victorian Government has recently released an updated version of its Market-led Proposals Guideline (also known as 'unsolicited proposals' in other states) which affirms its continued focus on market-led infrastructure and services projects and provides increased clarity for proponents around the assessment process and areas of priority for the delivery of 'unique' market-led proposals in Victoria. Government sector leader and Partner Paul Kenny, Managing Associate Penny Alexander and Lawyer Edward Thien report.

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  • 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.

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  • Client Update: Strengthening member outcomes in superannuation - APRA's proposals

    15 December 2017

    APRA this week released a discussion paper and draft prudential standards and practice guides. The standards and guides will apply to all RSE licensees from 1 January 2019. As Partner Michelle Levy and Senior Regulatory Counsel Michael Mathieson report, they will lead to significant changes across the superannuation industry.

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  • 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.

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  • Client Update: Infrastructure investment in Australia - the road ahead for institutional investors

    11 December 2017

    With large-scale privatisations slowing and intense competition for assets that do come to market, institutional investors are looking to non-traditional assets to provide similar long-term, stable and predictable returns.

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  • 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.

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  • Client Update: Northern Territory's bold renewable energy target

    11 December 2017

    Recently, the Northern Territory Government released the Roadmap to Renewables report. The report considers how the Government could successfully implement a policy to achieve half of the Territory's energy requirements from renewable sources by 2030. The report indicates that considerable amounts of new, privately funded, renewable energy generation will be required to meet the target. Partner Jodi Reinmuth and Lawyer Alexander Ninkov consider the report's recommendations and the Northern Territory Government's response.

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  • Focus: Christmas comes early for the AFP and CDPP: Bill introduced to reform foreign bribery laws and introduce DPA scheme

    8 December 2017

    The Australian Government has introduced the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 into the Senate, which, if passed into law, will significantly strengthen Australia's foreign bribery laws and introduce a Deferred Prosecution Agreement scheme for resolving corporate criminal misconduct. Partners Rachel Nicolson and Peter Haig, Senior Overseas Practitioner Christopher Kerrigan and Lawyers Shamistha Selvaratnam and Emma Moore report.

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  • Client Update: Updated guidance on conflicted remuneration and other banned benefits

    7 December 2017

    Earlier today, ASIC released an updated version of Regulatory Guide 246, concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees. The changes are largely to address the life insurance remuneration reforms, which take effect on 1 January 2018. But there are other changes too, some of them reasonably significant. Partner Michelle Levy and Senior Regulatory Counsel Michael Mathieson report.

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  • 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.

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  • Nucleus: corporate law developments

    5 December 2017

    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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  • Focus: Unitranche financing in the Australian market

    4 December 2017

    As regulatory and political pressure increases on the major banks in Australia, alternative credit providers are entering the market with a variety of products to attract borrowers. The unitranche loan is an example of one such product. Partner Warwick Newell, Senior Overseas Practitioner Alex Tonkin and Associate Hamish McCormack examine what makes unitranche loans unique – and what role they could play in the increasingly competitive Australian acquisition financing market.

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  • Focus: Exposure draft legislation for Australian 'hybrid mismatch rules' released

    1 December 2017

    Treasury has released for consultation exposure draft legislation to introduce new rules to neutralise the effects of hybrid mismatch arrangements, in accordance with Action Item 2 of the OECD/G20 Base Erosion and Profit Shifting Project. Multinational groups with cross-border arrangements (or proposing to enter into such arrangements) should consider the impact of these rules, which are likely to commence in the second half of 2018 with no grandfathering of existing arrangements. Consultant Larry Magid, Partner Martin Fry and Senior Associate Jay Prasad report.

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  • Client Update: National Energy Guarantee

    28 November 2017

    The Energy Security Board recently released a report summarising the results of its modelling of the Federal Government's new energy policy, the National Energy Guarantee. The Energy Security Board's report was considered by the COAG Energy Council at its meeting on 24 November, 2017 and gives an insight into how the National Energy Guarantee will be formulated. Partner Kate Axup and Senior Associate Karla Drinkwater look at COAG's decision making in relation to the National Energy Guarantee, the governance framework proposed for the Guarantee, and how certain states may need to counter possible competition issues.

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  • Client Update: BEAR Bill implementation date likely to change

    24 November 2017

    This afternoon, the Senate Standing Committee on Economics released their report on the Treasury Laws Amendment (Banking Executive Accountability and Related Measures) Bill 2017 (BEAR Bill). The Economics Committee recommends that the BEAR Bill be passed but recommends the commencement date be pushed out for 12 months from the date of enactment.

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  • In touch: Competition news

    22 November 2017

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

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  • Unravelled: The BEAR has dropped, where to from here?

    9 November 2017

    The commencement date of the BEAR legislation is fast approaching and institutions should start planning how to comply with the regime. We look at the changes made to the BEAR legislation following industry submissions, the timing for implementation and key steps to take.

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  • Unravelled: The beginning of the end of the unit trust's monopoly? CCIV legislation and ASIC guidance

    9 November 2017

    Avid readers of Unravelled over the past few years cannot have failed to notice that there are moves afoot to introduce two new forms of collective investment vehicle, each promising a shiny, tax-neutral alternative to the unit trust and, hopefully, saving Australian lawyers a lot of sleepless nights and migraines attempting to explain the finer points of trust law to overseas counterparties and their advisers.

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  • Client Update: First civil penalty order for breach of FOFA duties

    6 November 2017

    The Federal Court recently imposed a $1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties. The penalties were the same amount that was agreed between ASIC and the licensee. The decision is a reminder to financial services licensees that they are responsible for their advisers' advice and that ASIC can and will take enforcement action against licensees when it identifies breaches of personal advice duties. Partner Michelle Levy, Associate Katie Gardiner and Lawyer Jamil Diu report.

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  • Client Update: Harper reforms become law: implications for business

    6 November 2017

    Significant changes to Australia’s competition regime have become law. The changes implement key recommendations of the Harper Panel’s review of Australian competition law and policy. The Allens Competition, Consumer & Regulatory Team look at the key changes and the implications for your business.

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  • Nucleus: corporate law developments

    2 November 2017

    Welcome to the first edition of Nucleus, 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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  • 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.

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  • Client Update: ASIC publishes draft funds management guidance

    27 October 2017

    ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes, corporate collective investment vehicles and passport funds, and announced a consultation period which will run until 8 December. Partners Marc Kemp and Penny Nikoloudis and Senior Overseas Practitioner James Kanabar provide a high-level summary of the draft guidance.

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  • Client Update: Draft whistleblower legislation puts onus on big business

    25 October 2017

    Big business should be aware of mandatory publishing requirements for whistleblower policies and a reverse onus of proof for compensation, which is among a raft of whistleblower reforms contained in draft legislation released following a Senate inquiry report. Partner Rachel Nicolson and Associate Katie Gardiner analyse some of the proposals.

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