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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  • InIP: What's happening in intellectual property

    25 June 2019

    Stylkea goes out of fashion; Penfolds copycat distributors seeing red; Sandoz secures a licence to exploit the Lexapro patent; we take a stroll around the world of key trade mark developments; and IP insurance - you might just need it.

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  • Client Update: Ruralco decision shines a light on incentive-backed schemes and the need for shareholder disclosure

    25 June 2019

    A recent Federal Court decision in Ruralco Holdings Limited [2019] FCA 878 (Ruralco) emphasises the importance of disclosing to shareholders voting on a proposed scheme of arrangement any incentive from which a person recommending that scheme may benefit. Partners Kim Reid and Richard Kriedemann, Associate Sophie Allchurch and Lawyer Sevanne McGarity report.

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  • Unravelled: DDO and PYS - two cases of madness

    21 June 2019

    On 8 May, APRA released its answers to some 'frequently asked questions' about the Protecting Your Super changes. I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are, in fact, being asked (in some cases very frequently) about the PYS changes. Even so, I would like to say something about some of APRA's answers.

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  • Nucleus: corporate law developments

    17 June 2019

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

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  • In touch: Competition news

    14 June 2019

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

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  • Client Update: What's next for impact investing in Australia?

    11 June 2019

    The Australian impact investing market has grown considerably in recent years. This growth has largely been attributed to a surge of impact investments that focus on environmental, rather than social, outcomes, which is in contrast to global investor sentiment.

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  • Client Update: ASIC steps up its attack on the use of stub equity in control transactions

    6 June 2019

    ASIC has issued its promised consultation paper on the use of stub equity in control transactions, which will, if adopted, have the potential to make the use of a stub equity as an alternative form of consideration in schemes and takeovers more difficult. In our update last December [link to previous client update] we flagged ASIC's intent to crack down on offers of stub equity in a proprietary Holdco. However, the consultation paper goes further, and proposes a ban on the use of custodian structures in stub equity schemes (i.e. the requirement that participating target shareholders hold their interests in the stub-equity vehicle through a custodian). The custodian structure has the effect of keeping the number of registered shareholders in the Holdco below 50, with the result that the takeover provisions and disclosing entity provisions of the Corporations Act do not apply. Partners Guy Alexander and Tom Story and Managing Associate Noah Obradovic report on the implications.

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  • Client Update: Developers should tread carefully following dramatic stamp duty changes in Victoria

    5 June 2019

    The Victorian Government has proposed amendments to the Duties Act 2000 (Vic) (Duties Act), which could have a dramatic impact on the stamp duty outcomes for development projects, particularly for residential developments, and other fee for service arrangements for real estate in Victoria. Partner Craig Milner , Managing Associate Tim Chislett and Law Graduate Simon Chiarelli report.

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  • Client Update: Lag and loss: managing the impacts of delay in project delivery

    4 June 2019

    Three recent UK decisions highlight contractual mechanisms for managing aspects of risks associated with delay in project delivery. Projects Partner Leighton O'Brien considers the implications for projects in Australasia.

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

    1 June 2019

    In this update we summarise the progress of new and existing rule change requests across the month of May and take a closer look at the AEMC's final report on the regulatory framework for stand-alone power systems (SAPS).

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  • In touch: Competition news

    29 May 2019

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

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  • Client Update: Latest word on competing class actions

    24 May 2019

    In the latest instalment in the five competing shareholder class actions against AMP Limited, the Supreme Court of New South Wales has selected one case to proceed. In doing so, the court has made a clear statement that multiple class actions raising similar issues should not be permitted without good reason. Partner Jenny Campbell and Senior Associate Alex Tolliday report.

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  • Unravelled: APRA's guidance on the Protecting Your Super changes

    16 May 2019

    On 8 May, APRA released its answers to some 'frequently asked questions' about the Protecting Your Super changes. I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are, in fact, being asked (in some cases very frequently) about the PYS changes. Even so, I would like to say something about some of APRA's answers.

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  • Unravelled: Compensating superannuation members for 'fees for no advice'

    16 May 2019

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  • In touch: Competition news

    15 May 2019

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

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  • Client Update: Disputes as to the validity of an agreement - a matter for arbitration or the courts?

    13 May 2019

    A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes 'under' a deed or agreement can be broad enough to capture disputes about the validity of the agreement. Partners Nick Rudge, Andrea Martignoni and Peter O'Donahoo, and Senior Associate Alex Price, report.

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  • Client Update: New Decree on labour outsourcing services

    13 May 2019

    Taking effect from 5 May 2019, Decree 29/2019/ND-CP (Decree 29) on labour outsourcing services has been introduced, replacing Decree 55/2013/ND-CP (Decree 55). Key changes include a relaxation of licence application conditions, but also the imposition of further restrictions in relation to the deposit aimed at providing greater protection for contract employees. Partner Melissa Keane and Associate Hoa Nguyen discuss the new requirements.

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  • Nucleus: corporate law developments

    9 May 2019

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

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  • In touch: Competition news

    2 May 2019

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

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

    1 May 2019

    In this update we summarise the progress of new and existing rule change requests across the month of April and take a closer look at the new Default Market Offer (New South Wales, South Australia and South-Eastern Queensland) and Victorian Default Offer regulations that will commence on 1 July 2019.

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  • Focus: Employment & Safety

    30 April 2019

    In this issue we look at when it's discrimination to rescind an employment offer on discovery of a criminal record; the impact of new annualised wages clauses on employers; a case that raises novel and important issues regarding refusal to provide biometric data; a reminder that employees who earn more than the high income threshold can be eligible to bring unfair dismissal claims; and when superannuation is payable on annual leave loading.

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  • Client Update: China's National Carbon Market - one step forward

    26 April 2019

    Draft legislation revealing the intended coverage and mechanics of China's national emissions trading scheme, which is due to commence operation within a year, has been released for public consultation until 2 May. Partner Jillian Button and Associate Shona Shang report on its key aspects.

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  • Focus: Faster TGA disclosure - what it means for pharmaceutical patent litigation

    23 April 2019

    The Therapeutic Goods Administration has consulted on whether it should disclose earlier that a prescription medicine is under evaluation and what types of prescription medicines should be published. The proposal that it publish the details of applications for generic medicines and biosimilars at the time of application, rather than registration, would, if adopted, have major advantages in terms of facilitating early resolution of pharmaceutical patent litigation in Australia. Partner Richard Hamer and Senior Associate Lauren John report.

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  • Focus: New WA policy facilitating market-led proposals

    23 April 2019

    The Western Australian Government recently released its Market-led Proposals Policy, which seeks to provide a single consistent and transparent process for the private sector to submit infrastructure, service provision and other proposals outside the context of a government-initiated procurement process. Implementation of the policy means that all Australian states now have formal policies to facilitate market-led (or 'initiated') proposals. Government Sector Leader and Partner Paul Kenny, Partner Penny Alexander and Lawyer Edward Thien report.

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

    18 April 2019

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

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  • InIP: What's happening in intellectual property

    18 April 2019

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

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  • Paper: Investing in the education sector in Vietnam

    18 April 2019

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

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  • In touch: Competition news

    17 April 2019

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

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

    17 April 2019

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

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

    17 April 2019

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

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

    17 April 2019

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

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  • Unravelled: Considering Robo-advice

    17 April 2019

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

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

    15 April 2019

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

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

    15 April 2019

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

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  • Client Update: Government proposes major changes to privacy law

    9 April 2019

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

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

    8 April 2019

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

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  • Nucleus: corporate law developments

    5 April 2019

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

    Read More
  • In touch: Competition news

    3 April 2019

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

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

    1 April 2019

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

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

    1 April 2019

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

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

    29 March 2019

    The need for companies to manage and report on climate-change risks is gaining momentum in Australia. This is part of a global trend, as investors and governing bodies increasingly expect companies to integrate climate risks into their strategy and reporting - yet, tools for monitoring and disclosing climate-change risks are at a relatively early stage. Partner Jillian Button, Senior Overseas Practitioner Emily Turnbull and Lawyer Maddy Foote look at the state of play in Australia and abroad, and at the direction of travel in 2019.

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