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.

  • Focus: Undertaking data analytics without breaking the law

    20 April 2018

    Guidance highlighting the necessity of being transparent when undertaking data analytics on personal information, as well as other matters that organisations should consider so as to better manage compliance risk when undertaking data analytics, has been released. Partner Michael Morris, Lawyer Jaclyn Webb and Lawyer Amy Detheridge report on some of the key messages.

    Read More
  • Video Update: Australia's growing cyber insurance industry: insights from Chris Mackinnon, Lloyd's

    19 April 2018

    Cyber insurance has emerged as a multibillion-dollar global industry, safeguarding businesses against financial losses from the explosion of cyber risk. We caught up with Chris Mackinnon, head of Lloyd's in Australia, to discuss the state of the cyber insurance market in Australia, the challenges of understanding risk exposure, and why responsibility for cyber security should rest with boards.

    Read More
  • Linklaters Insights: Business Crime Quarterly

    18 April 2018

    The high level of global financial crime is a drain on corporate resources and governments around the world are attempting to stay one step ahead of the criminals with new measures to tackle corruption. In the Business Crime Quarterly Winter 2018 edition, our global alliance partner Linklaters examines some of these new measures. We contributed articles on the introduction of the best practice guidelines on self-reporting, proposed changes to foreign bribery laws and the introduction of a deferred prosecution regime.

    Read More
  • Focus: Federal Court homes in on Anti-Dumping Commission's calculation of duties on Chinese steel imports

    11 April 2018

    In a rare appellate court decision dealing with anti-dumping law, the Full Court of the Federal Court of Australia has clarified that the Anti-Dumping Commission's ability to calculate hypothetical amounts for the purposes of determining normal value is not at large, and must conform strictly with anti-dumping legislation. Partner Louise Jenkins, Associate Chadwick Wong and Law Graduate Oliver Lloyd report on what this means for future anti-dumping investigations, in the context of an increasing global focus on barriers to free trade.

    Read More
  • Nucleus: corporate law developments

    10 April 2018

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

    Read More
  • Unravelled: Draft code of ethics for financial advisers - in need of much more work

    9 April 2018

    You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority.

    Read More
  • Unravelled: CCIVs: lost in translation?

    9 April 2018

    The long-awaited Exposure Draft containing the tax treatment of the proposed new corporate collective investment vehicle (CCIV) was released for consultation on 20 December 2017. The CCIV is one of two main proposed solutions to the problem that offshore investors are dissuaded from investing in Australian funds because they do not understand unit trusts. The tax treatment of CCIVs will go a long way to determining their success.

    Read More
  • Unravelled: The Royal Commission heats up

    9 April 2018

    The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry is well underway, with its first round of public hearings wrapping up less than a month ago. By reference to a number of case studies, the first round of hearings focused on consumer lending practices. In this article, we report on the key themes identified by the Commission as arising from the hearings.

    Read More
  • In touch: Competition news

    6 April 2018

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

    Read More
  • Client Update: Asia Region Funds Passport Bill introduced

    6 April 2018

    Nearly nine years after the Johnson Report recommended the establishment of an Asia Region Funds Passport, last week the Corporations Amendment (Asia Region Funds Passport) Bill was introduced into Parliament, delivering on Australia's commitment as set out in the Asian Region Funds Passport's Memorandum of Cooperation. Partner Penny Nikoloudis and Associate Mai Go report on this significant milestone.

    Read More
  • Focus: Trustee insolvency - the Full Federal Court weighs in to the debate

    29 March 2018

    We recently examined the implications of a Victorian Court of Appeal decision on trustee insolvency in the Amerind Appeal1. As we foreshadowed, the Full Federal Court has just released its decision on similar issues.2 It came to a similar position to the Victorian court in deciding that trust assets should be applied first in paying employees and other statutory preferred creditors (though for varied reasons). But it came to the opposite position in holding that trust assets could only go to trust creditors, not non-trust creditors. That finding will cheer lenders and others dealing with trusts, but leaves a confused landscape. Partner Philip Blaxill, Senior Finance Counsel Diccon Loxton and Associate Lucas Tan report.

    Read More
  • Client Update: Long-awaited integrity package on taxation of stapled structures released

    29 March 2018

    A package of tax measures that seek to address the Federal Government's perceived sustainability and tax integrity risks posed by 'stapled structures' has been announced. It also limits certain broader tax concessions currently available to foreign investors, so that the potential reach of the measures is not limited to investments made by, or in, stapled structures. Partner Martin Fry and Senior Associate Igor Golshtein report.

    Read More
  • Client Update: Parliamentary Committee reports on the life insurance industry

    28 March 2018

    The Parliamentary Joint Committee on Corporations and Financial Services has published its report on the life insurance industry. The report includes a nice summary of previous 'inquiries, reviews, reforms and events' since 2013. The Committee appears to think that all of these previous efforts have been more or less inadequate. Senior Regulatory Counsel Michael Mathieson reports.

    Read More
  • Client Update: New planning and community engagement guidelines for solar farms in Queensland

    27 March 2018

    New guidelines for planning and community engagement for solar farm development in Queensland will encourage local governments to adopt a consistent approach when assessing solar farm development proposals. Partner Bill McCredie and Senior Associates Julieane Materu and David Thorpe look at the Queensland Government's push towards further growth in the renewable energy sector, and consider the Guidelines.

    Read More
  • Client Update: The National Energy Guarantee's Reliability Guarantee and what it means for you

    26 March 2018

    Following the release of the National Energy Guarantee draft design consultation paper by the Energy Security Board, Partner Anna Collyer and Associate Mark Leersnyder report on the NEG's proposed Reliability Guarantee component (which gives a greater role to regulatory institutions to plan and manage electricity supply and demand), and consider some of the risks and opportunities for industry participants, administrators and regulators that may arise from the proposed approach. This is the third of a series of articles in which Allens will examine aspects of the proposed high-level design options for the National Energy Guarantee.

    Read More
  • Client Update: Three things you need to know about the Greater Sydney Commission's final regional and district plans

    23 March 2018

    This week, the Greater Sydney Commission released the final version of the Greater Sydney Plan (A Metropolis of Three Cities), as well as the final district plans for each of the five districts of the Greater Sydney Region (Western City, Central City, Eastern City, North and South). Partner Felicity Rourke and Senior Associate Dennis Smith outline the three things that you need to know about these plans.

    Read More
  • Unravelled: Preparing a target market determination for a financial product

    21 March 2018

    As the 'design and distribution' obligations for issuers and distributors of financial products inch closer, there is a good deal of hand-wringing taking place. Much of it concerns what a target market determination should look like. Guidance from the European Securities and Markets Authority on MiFID II provides a sense of what local issuers may be in for. But first - Treasury's proposal.

    Read More
  • Unravelled: Personal advice and the best interests duty

    21 March 2018

    There has been a great deal of attention given to the meanings of 'financial product advice' and 'personal advice' in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. However, whatever Her Honour decides in that case, it is unlikely to help very much, because the line between general advice and personal advice will always turn on the facts and, where the facts change with each interaction with a customer or client, it will continue to be difficult for licensees to be confident that they and their representatives are not giving personal advice. While that is a pity, it is, in my view, a greater pity that more licensees are not prepared to take the plunge and give personal advice. If licensees assumed that their interactions with customers and clients about financial products was personal advice, the difference between general advice and personal advice would not matter much.

    Read More
  • Client Update: Sugar is a health hazard

    20 March 2018

    The Federal Court has found that the packaging of the Little Kids Shredz children's food range, produced by food giant Heinz, was misleading to consumers because it suggested the high sugar products were nutritious and healthy. A claim that is objectively true, such as 'made from 99% fruit and vegetables', may still be misleading if its implication is misleading. Partner Richard Hamer and Lawyer Eliza Lockhart report.

    Read More
  • Focus: Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision

    13 March 2018

    The recent unanimous Victorian Court of Appeal decision1 in an appeal from Re Amerind has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. However, not all aspects of the decision will be as widely welcomed. In particular, in favouring a previous controversial decision of the court suggesting that trust assets should be applied in paying non-trust creditors, the Court of Appeal has resurrected a longstanding debate. Trust creditors and beneficiaries will be concerned if it is followed. Further, though insolvency practitioners and statutory preferred creditors will be generally pleased by the court's adoption of a wide interpretation of what is a 'circulating security interest' for the purpose of determining statutory priorities, it will concern secured creditors. Partner Philip Blaxill, Senior Finance Counsel Diccon Loxton and Associate Lucas Tan reflect on the decision and its ramifications.

    Read More
  • Nucleus: corporate law developments

    9 March 2018

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

    Read More
  • Contract Law Update 2017

    7 March 2018

    The phrase 'ready and willing to perform a contract' is very familiar to lawyers. But what exactly does it mean, and why is it important? The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update. Some other principles considered during the year include: When can a purchaser terminate a share purchase agreement following due diligence? When will illegality prevent a contract being enforced? What is the latest on the Bellgrove Principle? When does a new contract terminate an earlier contract between the same parties? We also look at the latest cases on contractual interpretation, contract formation and the penalties doctrine.

    Read More
  • Client Update: The National Energy Guarantee and contracting to achieve compliance

    5 March 2018

    Following the release of the National Energy Guarantee draft design consultation paper by the Energy Security Board, Partners Anna Collyer and Kate Axup and Senior Associate Karla Drinkwater report on the compliance requirements proposed by the Energy Security Board and how contracts already in existence will be treated under the National Energy Guarantee. This is the second of a series of articles in which Allens will examine aspects of the proposed high-level design options for the National Energy Guarantee.

    Read More
  • In touch: Competition news

    28 February 2018

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

    Read More
  • Allens insights: Australia - Fund Finance 2018, 2nd Edition

    27 February 2018

    Fund financing activities in Australia remained strong in 2017, with particular focus on infrastructure, private equity funds and private debt funds, which have taken advantage of the additional liquidity and funding flexibility in this market. Allens Partner Tom Highnam, Managing Associate Rita Pang and Senior Associate Victoria Johns provide an overview of the funds landscape in Australia, key developments and the outlook for the next 12 months.

    Read More
  • Client Update: New formal framework to help develop infrastructure within PNG

    26 February 2018

    More public infrastructure and services may be provided in Papua New Guinea through public private partnership arrangements following the long-awaited commencement of the Public Private Partnership Act 2014. Partners Sarah Kuman and Nick Ng examine the key areas businesses should be aware of.

    Read More
  • Client Update: Queensland to overhaul environmental bond and rehabilitation regulation

    26 February 2018

    An overhaul of environmental bond regulation for all resource operators in Queensland, and rehabilitation requirements for miners is proposed in a Bill recently introduced by the Queensland Government. All resource operators in Queensland should understand how the reforms may impact their current and proposed operations. Partner Bill McCredie and Senior Associate Gobind Kalsi report.

    Read More
  • Focus: Move to require big banks' participation in comprehensive credit reporting

    23 February 2018

    The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018. Partner Gavin Smith, Senior Associate Emily Cravigan and Lawyer Dougald Coulson report.

    Read More
  • Focus: Resource Capital Fund IV LP: what's all the fuss about? Foreign partnerships and liability to Australian tax

    23 February 2018

    The Federal Court has concluded that the profit made on disposal of shares in an Australian mining company by a private equity fund, formed as a Cayman Islands Limited Partnership, was not subject to Australian tax1. It found the shares in the Australian company were not taxable Australian property for capital gains tax purposes and the partners in the Limited Partnership who were US residents were entitled to relief from taxation under the double tax agreement between Australia and the US. When the judgment is reduced to these key propositions, it might be surprising that it has garnered so much commentary, some of which arguably reflects misunderstanding. That said, there are some conclusions in the judgment with potential implications for the conduct and management of investments by foreign residents in Australian companies that call for further reflection. Partner Craig Milner reports.

    Read More
  • Client Update: ACCC's Enforcement and Compliance priorities for 2018

    22 February 2018

    A number of industries and issues are in the spotlight following release of the ACCC's 2018 Enforcement and Compliance Priorities by ACCC Chairman Rod Sims on 20 February 2018. The financial services, energy, commercial construction and agriculture sectors will be a focus in 2018, as well as the post-Harper misuse of market power and concerted practices provisions, digital platforms and large franchisors.

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

    22 February 2018

    In this issue we look at a digital rights management platform to help photographers protect their copyright; a new copyright infringement lawsuit against pop superstar Ed Sheeran; an Insta-celebrity clash over the word 'Bod'; changes to Australia's IP laws; the difficulties in comparative advertising; heightened risks that may be faced by patentees when PBS changes take effect; and a Federal Court decision that genetic testing methods continue to be patentable in Australia.

    Read More
  • Report: Our look ahead to the private equity market in Australia

    22 February 2018

    As new funds enter the local market, flexible debt funding structures become more prevalent and sponsors are forced to deploy capital in more innovative ways, we expect the Australian PE market to continue to grow. Private Equity Horizons 2018 reviews the PE market and looks at the trends and sectors in play.

    Read More
  • Linklaters Insights: Asia Pacific Competition Law Bulletin

    21 February 2018

    Our global alliance partner Linklaters, with input from Allens and other expert local law firms around the region, look at the latest competition law and policy developments in the Asia Pacific region. As significant changes to the competition law regime in Australia came into effect in at the end of 2017, big changes are coming in Singapore as the competition authority take over consumer protection. There will also be a possible wave of legislative reforms coming in Asia, as South Korea, Japan and Hong Kong may be looking to review their regimes in 2018.

    Read More
  • Pulse: Cyber security

    21 February 2018

    In this bulletin, we shine a light on the incoming Notifiable Data Breaches Scheme. We assume that with the scheme taking effect this week, you're now across the basics (if not, you can read about them here and here). So, this issue highlights the things you didn't know that you need to know, how to deal with data breaches involving multiple organisations, the key takeaways from the Office of the Australian Information Commissioner's just-published Data breach preparation and response guide and our quick reference guides to preparing a data breach response plan, determining when you've suffered an eligible data breach and how to notify when you have.

    Read More
  • Client Update: National Energy Guarantee - Emissions Requirement

    20 February 2018

    Following the recent release of the National Energy Guarantee draft design consultation paper by the Energy Security Board, Partner Kate Axup and Senior Associate Karla Drinkwater report on key aspects of the Emissions Requirement and its interaction with the existing Renewable Energy Target scheme. This is the first of a series of articles in which Allens will examine aspects of the proposed high-level design options for the National Energy Guarantee.

    Read More
  • Unravelled: Superannuation reform - the year ahead in 2018

    20 February 2018

    2017 was a busy year in superannuation. The Allens superannuation team takes stock of the legislative and regulatory reform proposals that have been mooted for 2018 and gazes into the crystal ball to see what might lie ahead this year.

    Read More
  • Unravelled: Productivity Commission releases draft report on competition in the financial system

    20 February 2018

    The Productivity Commission's draft report on competition in the financial system, released earlier in February, makes 25 draft recommendations, a key focus of which are reforms to the regulatory system. We take you through the key issues and recommendations.

    Read More
  • Client Update: Changes to PNG capital markets landscape

    19 February 2018

    The regulation of capital markets in Papua New Guinea will be substantially amended and strengthened under new legislation that has come into force. Partner Sarah Kuman looks at the key areas businesses should be aware of.

    Read More
  • Focus: Federal Government review into Open Banking

    14 February 2018

    The Federal Government has released its much anticipated Review into Open Banking in Australia. The Review makes 50 sweeping recommendations to implement Open Banking, including a new regulatory framework under which the regime would operate in the broader context of a new Consumer Data Right for all sectors. Partner Gavin Smith, Senior Associate Elyse Adams, Associate Leah Wickman and Lawyer Connie Ye report on some of the key elements of the report.

    Read More
  • Linklaters Insights: European Commission reaffirms tough stance on loyalty inducing rebates

    14 February 2018

    After a two-and-a-half year investigation, the European Commission has imposed a €997 million fine on Qualcomm for 'illegally shutting out rivals' from the market for LTE baseband chipsets using significant payments to an important customer, Apple, in return for exclusivity.

    Read More
  • Nucleus: corporate law developments

    9 February 2018

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

    Read More
  • Focus: Best practice guidelines for self-reporting of foreign bribery

    9 February 2018

    Best practice guidelines for self-reporting of foreign bribery and related offending by corporations have been published by the Australian Federal Police and the Commonwealth Director of Public Prosecutions. This follows hot on the heels of a Bill tabled in the Commonwealth Parliament which, if passed, will amend foreign bribery laws and introduce a deferred prosecution agreement regime to Australia. Partners Rachel Nicolson and Peter Haig, and Senior Overseas Practitioner Chris Kerrigan, Senior Associate James Campbell and Overseas Practitioner Francesca Bonner-Evans report.

    Read More
  • Audio: New rules on trading and retail activities in Vietnam

    8 February 2018

    With its young population and fast growing middle class, Vietnam's trading and retail market has become very attractive to foreign investors in recent years. The Vietnamese government has recently issued new regulations Decree 09/2018/ND-CP (Decree 09) on trading and trade-related activities of foreign-invested enterprises in Vietnam to provide greater transparency for investors. The new Decree 09 sheds light on various aspects of foreign investment in this field and is considered a major improvement to the previous legal framework.

    Read More
  • Linklaters Insights: Corporate Update

    7 February 2018

    In the latest edition of UK Corporate Update, our global alliance partner Linklaters examines the recent key issues in corporate governance and company law, including whether companies are using buybacks to inflate executive pay, recent court cases of interest and the progress of corporate governance reforms.

    Read More
  • Client Update: First round of proposed changes to Australian Consumer Law released

    6 February 2018

    The Federal Government has released exposure draft legislation and regulations that implement 14 recommendations from the final report on the Australian Consumer Law Review. Submissions on the draft reforms are due 28 February 2018. We look at the key reforms to the ACL and the ASIC Act, and analyse the implications for business.

    Read More
  • Client Update: China's National Carbon Market - what to expect

    2 February 2018

    China will soon have the world's largest emissions trading scheme (ETS), according to announcements made late last year by China's state planning agency, the National Development and Reform Commission (NDRC). According to the NDRC, China's national ETS will be operating by 2020 and it will initially cover the power sector only. Partner Jillian Button and Associate Shona Shang report on the key aspects.

    Read More
  • Client Update: New restrictions on foreign persons acquiring Australian land and agribusinesses

    1 February 2018

    The Federal Treasurer has today announced material changes to Australia's foreign investment regime, which will significantly impact transactions undertaken by foreign persons of Australian land (particularly agricultural land) and agribusinesses. Partner Wendy Rae and Senior Associate Nick Kefalianos examine these important changes.

    Read More
  • Client Update: Vietnamese competition law reform: what you need to know

    29 January 2018

    Vietnam is undertaking a major overhaul of its competition law framework to bring it into line with current international practice. The fifth draft Law on Competition has been submitted to the Standing Committee of the National Assembly for review.

    Read More
  • Client Update: Financial advice - vertically integrated institutions and conflicts of interest

    25 January 2018

    ASIC has released its report on financial advice provided by 'vertically integrated institutions', which is likely to be read with great interest by Commissioner Hayne and his team. Senior Regulatory Counsel Michael Mathieson and Partner Michelle Levy report.

    Read More
  • Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe

    24 January 2018

    Understanding the global reach of anti-bribery and corruption regulation, as well as the application of it within a specific jurisdiction, is key to managing risk for international businesses. Our global alliance partner, with input from Allens, examines 24 jurisdictions across the Asia-Pacific, Europe, Africa and the Americas and provides at-a-glance answers to eight key questions, as well as updates on new legislation and penalty increases.

    Read More