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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: Gift cards sold to Australian consumers must be valid for at least three years

    23 October 2018

    From 1 November 2019, gift cards sold in Australia must be valid for at least three years, under new legislation setting out a national framework for their regulation. This provides greater certainty for issuers of gift cards who might otherwise have to comply with different state and territory laws. Partner Jacqueline Downes and Associate Sarah Rodrigues report.

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  • Client Update: Changes to open and transparent sale process requirement for foreign persons acquiring agricultural land

    22 October 2018

    On 25 September 2018, the Foreign Investment Review Board released revised guidance on the application of the requirement for an open and transparent sale process for foreign persons acquiring agricultural land. Partner Wendy Rae, Senior Associate Julian Barendse and Lawyer Bianca Sacco examine these changes.

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  • In touch: Competition news

    18 October 2018

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

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  • Client Update: Third tranche of draft CCIV legislation released

    18 October 2018

    Draft legislation intended to address some of the continuing gaps in the proposed corporate collective investment vehicle framework has been released, with submissions on it closing soon. Partner Marc Kemp and Associate Mai Go report.

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  • Pulse: Cyber security

    17 October 2018

    In this bulletin, we offer a practical guide for navigating cyber security risks in M&A transactions; examine the obstacles that data breach class actions face in Australia and lessons learned from high profile class actions overseas; explore the prevalence of data breaches in the healthcare sector; track the ongoing effects of Yahoo's 2014 data breach; and consider the debate at home and abroad about whether 'hacking back' against cyber criminals is a viable (and legal) option.

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  • Client Update: New third-party enforcement rights in the Victorian Environment Protection Amendment Act 2018

    15 October 2018

    In part two of our series on the Victorian environmental reforms, we explore the third-party enforcement rights introduced into the Environment Protection Act 2017 (Vic) by the Environment Protection Amendment Act 2018 (Vic), which passed Victorian Parliament in August 2018. Enabling third parties to seek civil remedies for breaches of the new Act is one of the most significant reforms in the new regime, and will bring Victoria into line with other Australian jurisdictions. Partner Jillian Button, Senior Associate Emily Johnstone and Paralegal Simon Chiarelli provide an overview of the new regime and the implications for environmental risk management and community engagement for Victorian businesses and projects.

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  • Update: Consumer Data Right

    12 October 2018

    With the Consumer Data Right going live for the banking sector in July 2019, we take an in-depth look at the main issues and practical considerations arising from the Rules Framework (which contains new information about how the regime will function) and from the revised draft legislation giving effect to the CDR.

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  • Unravelled: Slater & Gordon begins its superannuation class actions

    11 October 2018

    In our article on competing class actions dated 20 August 2018, we made the fairly obvious observation that the Royal Commission would inevitably prove to be a hot bed for class actions. And in years to come, we will undoubtedly look back on the Royal Commission as a watershed moment in class action history, which, just like the GFC, spawned multiple large and long-running class actions.

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  • Unravelled: Efficiently, honestly and fairly - overarching and fundamental obligations?

    11 October 2018

    In his recent Interim Report into Misconduct in the Banking, Superannuation and Financial Services Industry, Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities, as the case may be, efficiently, honestly and fairly.

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  • Nucleus: corporate law developments

    5 October 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.

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  • Linklaters Insights: China releases highly anticipated provisional Panda bond guidelines

    5 October 2018

    The People’s Bank of China and the Ministry of Finance have recently released the highly anticipated preliminary Panda bond guidelines, which took effect immediately. According to the PBOC, the aggregate value of Panda bonds issued in China’s Interbank Bond Market from 2005 to August 2018 is RMB178.16 billion (approximately US$25.94 billion). The Guidelines have been released in a move to encourage more foreign issuers (i.e. sovereigns, international development institutions, financial institutions and non-financial enterprises established outside China) to participate in CIBM.

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  • Report: National Electricity & Gas Rules Update 2018: September 2018

    5 October 2018

    In this update we summarise the progress of rule changes across the month of September and take a closer look at the release of and response to AEMO's first Integrated System Plan for the NEM.

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  • In touch: Competition news

    3 October 2018

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

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  • Client Update: ASIC extends by a further year licensing relief for foreign financial service providers

    3 October 2018

    The recent ASIC Corporations (Amendment) Instrument 2018/807 extends by a further year licensing relief for foreign financial service providers who carry on a financial services business in Australia without an Australian financial services licence. While it's another welcome licensing reprieve for such providers, it is likely to be short lived, as ASIC continues to consult on its proposals in Consultation Paper 301. Partner Penny Nikoloudis, Financial Services Counsel Jo Ottaway and Lawyer Tom Lawson report.

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  • Focus: A development from the English Court of Appeal regarding legal professional privilege in internal investigations

    2 October 2018

    In a recent judgment, the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law. The decision has consequences for Australian corporates conducting cross-border investigations into potential criminal misconduct, as well as more generally for the development of the law of legal professional privilege in Australia in relation to internal investigations. Partner Rachel Nicolson, Senior Overseas Practitioner Christopher Kerrigan, Associate Charlette Bunn and Law Graduate Amelia van der Rijt report. 

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  • Focus: Federal Court reverses systemic unconscionability finding against vocational education provider

    2 October 2018

    The Full Court of the Federal Court of Australia has overturned a decision by a single judge of the Court which held that Unique International College had engaged in systemic unconscionable conduct under the Australian Consumer Law in connection with the supply of online vocational education courses to consumers in New South Wales. Partner Rosannah Healy and Lawyer Oliver Lloyd report.

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  • Focus: Market-led proposals - still a unique opportunity

    2 October 2018

    Australia has seen a significant increase in market-led proposals for infrastructure projects. This is having an important effect on how government interacts with the private sector, with all states and territories having released detailed guidance intended to boost these submissions even more. Partner Penny Alexander and Associate Amy Byrne report on the resulting opportunities and challenges.

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  • Unravelled: Royal Commission: Round 1 - experiences with consumer lending practices

    2 October 2018

    In examining the topic of consumer lending, the Commission considered issues arising from the sale of credit products – including residential mortgages, car finance and credit cards - by reference to case studies involving the four major banks as well as Aussie Home Loans and Citi.

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  • Unravelled: Royal Commission: Round 2 - experiences with financial advice

    2 October 2018

    Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law, he comes pretty close in his views in response to Round 2. And in some important respects, those views do not correspond with conventional views.

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  • Unravelled: Royal Commission: Round 3 – experiences with SME lending

    2 October 2018

    The third round of the Royal Commission's hearings concerned lending practices to small and medium enterprises (SMEs). The hearings considered a range of case studies.

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  • Unravelled: Royal Commission: Round 4 – experiences with financial service entities in regional and remote communities

    2 October 2018

    In the Interim Report, the Commissioner identifies four principal issues relating to agricultural lending.

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  • Client Update: Victoria's 'general environmental duty': what is it, and what can I do about it?

    2 October 2018

    The recently passed Environment Protection Amendment Act 2018 will transform Victoria's environmental protection law, including by introducing a general environmental duty requiring all Victorian businesses, industry and community members to prevent and minimise environmental harm as far as reasonably practicable. Partner Jillian Button, Associate Isabella Kelly, and Paralegal Simon Chiarelli provide an overview of key concepts underpinning the general environmental duty and its enforcement.

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  • Client Update: Treasury proposes tougher penalties for corporate and financial sector misconduct

    26 September 2018

    The Federal Government has released exposure draft legislation for public consultation that, if enacted, will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct. Partner Simun Soljo and Lawyer Roseanna Bricknell take a look at the proposed laws.

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  • Unravelled: Are CCIVS the beginning of the end for the Unit Trust's monopoly?

    19 September 2018

    Avid, or even occasional, readers of Unravelled over the past few years cannot have failed to notice the Federal Government's proposal to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust which (and note the heavy dose of self-interest here) will hopefully lead to a marked reduction in the sleepless nights and migraines resulting from the task of explaining the finer points of trust law to overseas counterparties and their advisers.

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  • Unravelled: Close and continuous monitoring - the new ASIC approach of embedding its officers in banks

    19 September 2018

    ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP. The initial media reporting on this approach suggested that it would involve embedding 'teams of up to 20 agents for weeks at a time to sit with bank staff, drop into meetings and trail the CEO, executives and directors to identify misconduct before it arises.'

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  • In touch: Competition news

    19 September 2018

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

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  • Client Update: The ESC's draft decision on first round of amendments to the Energy Retail Code

    18 September 2018

    While the Federal Government gives further consideration to implementation of the ACCC's recommendations relating to retail tariffs and retailer behaviour, the Victorian Essential Services Commission has been progressing reforms proposed by the Independent Review into the Electricity and Gas Retail Markets in Victoria. The reforms are directed towards rebuilding consumer trust and confidence in the market, and they introduce three new customer entitlements into the Energy Retail Code. Submissions on the draft amendments are due 5 October 2018. We look at the key reforms and analyse the implications for retailers servicing households and small businesses. We can also expect further amendments to the Code in due course, subject to further analysis and consultation by government - and we will keep you informed on that.

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  • Client Update: New Developments in Vietnam's Renewable Energy Sector

    14 September 2018

    Vietnam has revised certain aspects of its laws around wind and solar power. The Prime Minister's Decision 39 increases the feed-in tariff for wind power projects to the equivalent of 8.5 US cents per kWh for onshore and 9.8 US cents per kWh for offshore, and sets the commercial operation date deadline of 30 November 2021 for new projects to secure this feed-in tariff. The Government also approved an extension of the commercial operation date deadline to secure the feed-in tariff for certain solar power projects in Ninh Thuan province. We report on the key development.

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  • Client Update: Making sense of human cell and tissue products regulation

    12 September 2018

    The Therapeutic Goods Administration has released guidance on recent changes to the regulation of human cell and tissue products. Special Counsel Ric Morgan and Senior Associate Tracy Lu dissect the complex regulatory framework, particularly in relation to advertising.

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  • Nucleus: corporate law developments

    11 September 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.

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  • Client Update: The Foreign Influence Transparency Scheme - from Bill to Law

    10 September 2018

    The Federal Government recently passed the Foreign Influence Transparency Scheme Act. This is an entirely new regulatory scheme that will require persons who undertake activities on behalf of a foreign government or political organisation to register with the Attorney General's Department if those activities are intended to influence Australian governmental or political decision-making. The scheme is designed to enhance transparency around the nature and extent of foreign government influence on the Australian political process. Partner Rachel Nicolson, Senior Associate Clare Bradin, Associate Owen Nanlohy and Law Graduate Eugene Twomey report.

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  • Update: Consumer Data Right

    10 September 2018

    In this publication we untangle the complex web that is the proposed Consumer Data Right framework – reflecting on the drivers that have led to this reform, the regulatory framework, the key players responsible for administering the regime, the consequences of non-compliance and what you need to do to get ready.

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  • 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.

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  • Paper: Renewables in Vietnam - opportunities for investment

    5 September 2018

    The demand for electricity in Vietnam is rising rapidly to power the growing economy. Forecasts predict an annual growth rate for electricity of ‘near-double’ digits in the years to come. To keep pace with demand, the Government has envisioned substantial expansion to the national power generation capacity, with installed capacity planned to rise from the 2015-level of 38.6GW to 60GW by 2020 and 130GW by 2030. It is estimated that Vietnam will need as much as US$15 billion per year in capital investment for power development, a large part of which is expected to come from the private sector.

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  • Focus: How ipso facto provisions (and exemptions) affect project finance - both good and bad news

    5 September 2018

    The new ipso facto regime applies to contracts entered into on or after 1 July 2018. It imposes a stay on the exercise of certain contractual rights in some insolvency regimes (administration and some receiverships and schemes of arrangement, but not liquidation). There are many exemptions from the regime, some of which will be relevant to project finance. Partner Scott McCoy, Senior Finance Counsel Diccon Loxton and Senior Associate Isabel Cropley discuss some of the issues.

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  • In touch: Competition news

    5 September 2018

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

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  • Client Update: Higher penalties for consumer law breaches come into effect

    4 September 2018

    New laws come into effect this week that substantially increase the maximum penalties for contraventions of the Australian Consumer Law. The changes were a headline recommendation of the Australian Consumer Law Review, and a range of other recommended reforms are currently before Federal Parliament. We take a look at the new penalties and at the status of other proposed changes to the Australian Consumer Law.

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  • Client Update: Certainty to return to Aboriginal cultural heritage in Queensland

    3 September 2018

    Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. The Bill proposes amending the 2003 Aboriginal Cultural Heritage Act to overcome the recent decision in Nuga Nuga and to reinstate the 'last claim standing' rule for identifying relevant Aboriginal parties. Partner Ben Zillmann and Senior Associate Giselle Kilvert consider the changes.

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  • Report: National Electricity & Gas Rules Update 2018: August 2018

    1 September 2018

    In this update we track the progress of rule changes during August and also examine the upcoming reforms that will introduce a consumer data right to the energy sector.

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  • Report: Changes to Australia's IP laws take effect

    31 August 2018

    The Intellectual Property Laws (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) commenced on 25 August 2018. The Act implements various recommendations that the Productivity Commission made in its inquiry into Australia’s IP arrangements. We discuss the key changes.

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  • Client Update: Environment Protection Amendment Bill 2018 becomes law, in a root and branch overhaul of Victoria's environmental law

    30 August 2018

    The Environment Protection Amendment Act 2018 has passed the Victorian Parliament. The Act is an ambitious overhaul of Victorian environmental law, and plants the seeds for a robust new environmental regime.

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  • Client Update: Competition in electricity and financial services markets - common issues, common solutions?

    30 August 2018

    The level of competition in both the electricity and financial services sectors has been closely scrutinised by the Australian Competition and Consumer Commission and the Productivity Commission. While there are fundamental differences in market structures in both sectors, the respective commissions have identified common concerns and made common proposals to address those concerns.

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  • Client Update: Full Federal Court speaks on competing class actions

    30 August 2018

    In the latest instalment in the attempts to deal with competing shareholder class actions, the Full Federal Court has ordered the transfer of four shareholder class actions against AMP to the Supreme Court of New South Wales, where a fifth class action is already pending. In doing so, the court gave the clearest indication yet that multiple class actions raising similar issues should not be permitted to proceed. It also acknowledged in more express terms than ever before that competing class actions are really all about the competing interests of class action promoters and not group members. Partner Jenny Campbell and Linklaters Associate Gert-Jan Hendrix report.

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  • Video Update: UN's Big Data-Open Data consultation process: insights from Professor Joseph Cannataci, UN Special Rapporteur on the Right to Privacy

    27 August 2018

    We recently had the privilege of catching up with Prof. Joseph Cannataci, the UN Special Rapporteur on the Right to Privacy, to discuss the UN's Big Data – Open Data consultation process. Watch the video for his insights on the rapidly changing global privacy landscape.

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  • Paper: Vietnam reforms its competition law to bring it up to international standards

    27 August 2018

    Vietnam has recently voted to replace its Current Law for competition, which has been in effect for over 12 years, with a New Law. The New Law introduces substantial changes to the country's existing competition framework, with lawmakers striving to match Vietnam's competition governance to international standards. The New Law is effective from 1 July 2019, and various implementing regulations will be issued before then to guide its implementation.

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  • Client Update: Solar farm wins court approval despite conflicts with planning schemes

    27 August 2018

    The Queensland Planning and Environment Court has approved a solar farm located on good quality agricultural land despite high level conflicts between the proposed development and the provisions of the relevant planning schemes. Partner Bill McCredie and Special Counsel Rosanne Meurling review the decision.

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  • Unravelled: Counsel Assisting the Royal Commission alleges significant superannuation misconduct

    27 August 2018

    The list of alleged breaches are divided into breaches of the SIS Act, the Corporations Act and the ASIC Act we consider each of these and what it might mean.

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  • 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.

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  • In touch: Competition news

    22 August 2018

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

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  • Focus: Recent developments in non-executive director remuneration

    22 August 2018

    Large listed companies are increasingly imposing minimum shareholding requirements on non-executive directors. Encouraging share ownership by non-executive directors through non-executive director share rights plans is set to increase following a recent ATO class ruling. Managing Associate Shaun Cartoon and Partner Robert Pick consider the key points.

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