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.

  • 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.

    Read More
  • Unravelled: The beginning of the end of the unit trust's monoploy? 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    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
  • 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.

    Read More
  • 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.

    Read More
  • Client Update: ASIC recommends tougher corporate penalties

    24 October 2017

    The ASIC Enforcement Taskforce's latest consultation paper pushes for a tougher penalty regime for corporate and financial sector misconduct, which has been key focus of the Taskforce's Terms of Reference, and indeed of ASIC's reform agenda for some time. Partner Belinda Thompson, Senior Associate Michela Agnoletti and Associate Katie Gardiner look at what the consultation paper proposes.

    Read More
  • Allens insights: Getting the deal through: Project Finance 2018

    20 October 2017

    Allens Partners Michael Ryan and Ben Farnsworth discuss some of the issues relevant to project finance in an Australian context (including security packages, navigating the Personal Property Security Register, and foreign investment issues) in their contribution to this global project finance roundup.

    Read More
  • Client Update: Welcome change to lessor disclosure statements in NSW

    20 October 2017

    New legislation has been introduced into the New South Wales Parliament that, if passed, will make a welcome change to the lessor disclosure statement for retail shop leases in New South Wales. Partner John Beckinsale and Special Counsel Christine Adamson report on this proposed change.

    Read More
  • Allens insights: Multisource financing: making multiple options work

    19 October 2017

    In an environment where Australian issuers, especially from the infrastructure sector, are actively seeking diversified funding options, two Allens Partners – James Darcy and Scott McCoy – discuss the key structuring considerations for issuers and sponsors wishing to establish debt platforms to access longer-term financing options.

    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
  • In touch: Competition news

    17 October 2017

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

    Read More
  • Focus: The Asia Region Funds Passport begins to take shape

    17 October 2017

    It's been a busy few months for the development of the Asia Region Funds Passport. In late August, the Federal Government released exposure draft legislation to accommodate the introduction of the Passport in Australia. Once implemented, the Passport will allow fund managers from participating economies to market and sell interests in qualifying funds to retail investors in other passport jurisdictions within a streamlined regulatory framework. Partner Penny Nikoloudis, Senior Associate Rebecca Sheehy and Associate Mai Go report on the proposed multilateral regulatory framework for the Passport and some of the issues arising from the exposure draft legislation. 

    Read More
  • Pulse: Cyber security

    16 October 2017

    In this issue we look at how to create a cyber resilient supply chain, ASIC's renewed focus on cyber resilience, how the incoming GDPR could affect you, medical device cyber security and patient safety, lessons learnt from Yahoo's data breach disaster and Australia and the EU's new cyber security plans.

    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
  • Client Update: Rising from the ashes - Treasury seeks input on combating illegal phoenix activity

    6 October 2017

    Keeping up the momentum from the recent passing of its insolvent trading safe harbour and ipso facto legislation, the Federal Treasury has released a consultation paper containing a package of reforms to 'deter and disrupt illegal phoenix activity'. Partner Alf Pappalardo and Lawyer Belinda Hennessy report.

    Read More
  • Unravelled: Pseudo-investments and mobile apps - a new frontier for regulators

    4 October 2017

    It is hardly surprising that the Australian Securities and Investments Commission (ASIC) has taken an interest in the mobile app market, given that there has been an aggressive expansion into the mobile space by financial services providers. ASIC has recently cracked down on web and mobile based OTC derivative providers, and apps that facilitate binary options trading (BOT apps). In this article, we focus on issues that arise in connection with BOT apps.

    Read More
  • Unravelled: FX global code update

    4 October 2017

    The FX Global Code was launched in Australia earlier this year and applies to 'market participants', including most financial institutions, bank asset managers, brokers and E-trading platforms. The Code sets out 55 best practice principles and, although compliance is voluntary, it is expected that these principles will become the standard for the FX market industry.

    Read More
  • Unravelled: Spring overhaul of Australia's market licensing regime

    4 October 2017

    Australia's market licensing regime has long been crying out for an overhaul, with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then. Fortunately, ASIC has taken heed and is due to release an updated market licensing regulatory guide this month. If the draft guidance is anything to go by, we should soon see a much more modern and flexible approach to market licensing.

    Read More
  • Client Update: Why we need to do more to fix our class action regime

    3 October 2017

    The Victorian Law Reform Commission's inquiry into litigation funding and group proceedings provides an important and timely opportunity to reflect on the current operation of our class action regime. The regime recognises, and was designed to balance, competing interests. We believe more can be done to ensure an appropriate balance is achieved. The Allens Class Action Team reports.

    Read More
  • Focus: Senate calls for rewards and increased protections for whistleblowers

    3 October 2017

    A broadened definition of 'whistleblower', reforms to establish greater protections for whistleblowers and increased sanctions for retaliatory conduct are some of the recommendations by a Senate committee looking into whistleblower protections in the corporate, public and not-for-profit sector. We expect new laws to be introduced that will result in more corporate whistleblowing and companies should start preparing now. Partners Rachel Nicolson and Peter Haig, and Lawyers Zainab Mahmood and Sarah Lunny report.

    Read More
  • Client Update: Blockchain reaction update - ASIC joins chorus on ICO regulation

    3 October 2017

    While ASIC has published information on the issue of coins or tokens in initial coin offerings, other regulators around the world have also been issuing guidance, with some taking a much more restrictive approach. Although Australia remains a relatively friendly regulatory environment for such offerings, there are a number of potential regulatory traps, both here and overseas, that issuers should carefully consider before launch. Managing Associate Simun Soljo, Senior Associate David Rountree and Lawyer Chris Walsh report.

    Read More
  • Client Update: The BEAR roars into action

    26 September 2017

    The Federal Government has released the exposure draft of the Treasury Laws Amendment (Banking Executive Accountability and Related Measures) Bill, together with a draft Explanatory Memoradum. This follows on from the release of the Banking Executive Accountability Regime (BEAR) consultation paper in July which raised eyebrows with its short three-week consultation period. The exposure draft only provides five working days for interested parties to lodge a submission. This is a clear indication of the Government's desire to implement BEAR swiftly. Partner Michelle Levy and Senior Associates Sarah Burgemeister and Brenton Pollard report.

    Read More
  • Linklaters Insights: Getting over the line: clearing regulatory hurdles to outbound M&A

    19 September 2017

    While the pace of Chinese outbound deals has declined in 2017, China's long-term aspirations means that outbound investment and acquisitions from China will continue to be a significant force over the long term.

    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: Bested by 'best method' requirement

    15 September 2017

    Australia's unique statutory 'best method' requirement continues to get the better of patent applicants and patentees. Associate Claire Gregg looks at two recent decisions that provide some insight into the requirement of disclosing the best method known to the applicant of performing the invention at the time of filing the complete patent specification. 

    Read More
  • In touch: Competition news

    14 September 2017

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

    Read More
  • Unravelled: APRA's new powers in superannuation - A worthy idea, but checks and balances required

    12 September 2017

    APRA is in line to get significantly increased powers of direction in respect of RSE licensees and their 'controlled entities' as part of the package of superannuation reforms announced in the Treasury Legislation Amendment (Improving Accountability and Member Outcomes in Superannuation) Bill 2017.

    Read More
  • Unravelled: Extraordinary new power proposed for APRA

    12 September 2017

    The exposure draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will, if passed, give new powers to the Australian Prudential Regulation Authority in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities (including foreign regulated entities).

    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
  • Client Update: Vulnerable Workers Bill passes into law

    8 September 2017

    Franchisors and holding companies should be aware that they can be held liable for breaches of employment law by their franchisees and subsidiaries when the Vulnerable Workers Bill, which has passed both Houses of Parliament, receives royal assent. Partner Veronica Siow and Lawyer Roseanna Bricknell report.

    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
  • Client Update: The new corporate collective investment vehicle: Wholesale application?

    7 September 2017

    We reported on 1 September that the Federal Government has released exposure draft legislation for the new corporate collective investment vehicle (or CCIV). In this article Partner Marc Kemp and Consultant Derek Heath consider whether the CCIV is likely to replace the unit trust as the vehicle of choice for wholesale (as opposed to retail) fund structures.

    Read More
  • Pulse: Cyber security

    5 September 2017

    In our first issue we look at the outcome of the OAIC's investigation into the Australian Red Cross data breach, lessons learnt from one of the largest cyber attacks in history, directors' liability in relation to cyber resilience, the incoming mandatory data breach notification regime, the NSW Government's recent $11.4 million investment to help tackle critical technology challenges including cyber security, and the Federal Government's new mission to decode cyber vernacular

    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
  • Client Update: Vietnam opens its debt trading market to foreign investors

    1 September 2017

    Recent years have seen players in the Vietnamese banking sector making extensive efforts to recover non-performing loans (or bad debts). The Government has issued new regulations to improve the processes for recovering and handling bad debt in Vietnam and has implemented a framework to facilitate the trading of bad debt in a secondary market. Partner Linh Bui and Associate Dang Vu report on the key issues.

    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: Planning for the future of South-East Queensland

    25 August 2017

    On 11 August 2017, the State Government released the third statutory regional plan for the South-East Queensland region, titled Shaping SEQ. It is based on the interrelated themes of 'grow, prosper, connect, sustain and live', and is the first regional plan to take effect under the new Queensland Planning Act 2016. Special Counsel Rosanne Meurling looks at the new regional plan.

    Read More
  • Client Update: New corporate collective investment vehicle exposure draft legislation released

    25 August 2017

    The Federal Government today released exposure draft legislation for the new corporate collective investment vehicle, one of the two forms of collective investment vehicle that it pledged to develop as part of the 2016-2017 budget. Partners Marc Kemp and Charles Armitage and Senior Overseas Practitioner James Kanabar summarise the key features of the proposed CCIV, and compare and contrast them to those of equivalent overseas vehicles. 

    Read More