Allens

All recent publications

Our experienced legal team regularly publishes articles and updates on a wide range of legal topics - you'll see the most recent publications listed below.

If you would like to read back issues, please go to the 'Publications' menu in the top right-hand corner of this page and use the drop-down menu to select your preference (or use the list in the grey box at the bottom of this page). If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feeds.

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  • Linklaters Insights: 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.

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  • 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.

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  • 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. 

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  • 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.

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  • 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.

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  • 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).

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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. 

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  • Client Update: Implications of High Court ruling for mining lease applications in WA

    23 August 2017

    The High Court has found the mining warden did not have jurisdiction to hear applications for mining leases over certain Minderoo pastoral holdings, because they were not accompanied by either a mining proposal or a mineralisation report. Partner Jodi Reinmuth and Law Graduate Jonathon Holborn examine the implications.

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  • Client Update: Full Court dismisses Port of Newcastle access appeal

    18 August 2017

    The Full Federal Court has dismissed the Port of Newcastle's application for review of the Australian Competition Tribunal's decision to declare the Port's shipping channel service under the National Access Regime. The Full Court's decision confirms the interpretation of the current declaration criteria adopted by the Competition Tribunal and previously by the Full Court in its 2006 decision concerning Sydney Airport. Partner John Hedge and Senior Associate David Mierendorff report on the decision and its implications, taking into account the Government's proposed changes to the declaration criteria currently before Parliament.

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  • Paper: Renewables in Vietnam - Opportunities for investment

    17 August 2017

    The demand for electricity in Vietnam is rising rapidly to power its fast-growing economy. In order to meet this demand, the Government of Vietnam is planning for substantial expansion to the national power generation capacity. Renewable energy forms an important part of this vision and is targeted to make up 21 per cent of the overall power capacity and generate 10 per cent of electricity by 2030.

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  • In touch: Competition news

    15 August 2017

    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: Greater ACCC scrutiny of contentious mergers

    8 August 2017

    ACCC Chairman Rod Sims has outlined that the ACCC will adopt a more intensive information-gathering approach when reviewing contentious mergers. Partner Jacqueline Downes and Associate Lovelle D'Souza report. 

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  • Unravelled: Productivity Commission on super system competitiveness and efficiency

    7 August 2017

    With all the media attention on the Government's surprise announcement of its proposed package on improving accountability and member outcomes in super last week, you would be forgiven if the Productivity Commission's latest issues paper on competitiveness and efficiency in the super system had slipped under your radar.

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  • Unravelled: Approved product lists and FoFA adviser duties

    7 August 2017

    The FoFA duties that apply to personal advice given to retail clients have been operating for over four years now. ASIC has enjoyed some recent success in the courts in cases brought on the basis of those duties. In this context, it is worth revisiting approved product lists and whether they assist, or impair, compliance with the FoFA duties.

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  • Unravelled: Australian Government proposes new foreign bribery offences

    7 August 2017

    Australia's lack of enforcement of foreign bribery legislation has attracted increasing criticism in recent years, but the Federal Government is expected to soon table legislation proposing wide-ranging reforms. We look at two key proposed changes for Australian companies.

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  • Allens insights: Getting The Deal Through: Boom in renewables

    4 August 2017

    Allens Partners Ben Farnsworth, Michael Ryan and Tim Stewart were part of the global panel analysing the boom in renewables in the Australian project finance market. In Getting the Deal Through's third annual issue focusing on the global project finance markets, Ben, Michael and Tim look at the trends over the past year and what they anticipate unfolding over the next year, including any proposed legal and regulatory changes that may give rise to new opportunities.

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  • Client Update: First successful prosecution under Australian criminal cartel conduct provisions

    4 August 2017

    Nippon Yusen Kabushiki Kaisha has been fined $25 million in the first criminal cartel conduct prosecution commenced in Australia. The case provides the first guidance on how a court will determine penalties under the criminal cartel laws, including any discount available for 'cooperating' defendants. Partner Jacqueline Downes and Senior Associate Lisa Lucak report

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  • Focus: New PPP guidelines for NSW

    28 July 2017

    The NSW Government has released updated guidelines that govern the Public Private Partnership procurement process in NSW and will provide welcome assistance to both NSW Government agencies and bidding consortiums. Partner Nicholas Adkins and Associate Sunny Jong report.

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  • Food Law Bulletin

    26 July 2017

    In this editionwe look at a case demonstrating a major shift in community sentiment away from sugar; proposed new import rules triggered by the frozen berries saga; and how the ACL review might impact the food and beverage industry.

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  • Client Update: Improving accountability and member outcomes in superannuation?

    25 July 2017

    The Federal Government's proposed new superannuation legislation imposes significant new obligations on RSE licensees and could have a material effect on shareholders. The Allens Superannuation team reports on the key changes.

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  • Client Update: Finkel Review - System security: its impact on energy investment

    21 July 2017

    While much of the commentary on the Finkel Review has been around a clean energy target, a number of very important, but very technical, issues relating to system security were also canvassed. The Review recognised that system security characteristics should be valued, and regulated, in addition to the amount of energy actually produced. Changes in this area are likely to have the most impact on network operators and solar and wind farm generators seeking to connect to the network in locations where there is limited synchronous generation and low system strength.  

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  • In touch: Competition news

    19 July 2017

    Tobacco companies' boycott nipped in the bud, a major taxi merger, excessive payment surcharging ban, the Tatts/Tabcorp appeal, and the Productivity Commission and the financial system: read our take on the big issues in competition law this month.

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  • Client Update: Finkel Review - Electricity: Design for a market in transition

    18 July 2017

    In the fifth of our series analysing the Finkel Review, we look at signals for new investment in the National Electricity Market. The Review's responses to this issue reject sweeping changes to the wholesale market structure, but call for more immediate and targeted measures to support the transition of the energy market. Partner Anna Collyer and Law Graduate Maddy Foote assess solutions and opportunities for investment signals in the wholesale market, and the requirement for them to promote reliable, secure and affordable electricity.

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  • Paper: Investing in consumer lending in Vietnam

    18 July 2017

    Vietnam continues to be an attractive destination for foreign investors. As well as raising capital from equity investors, both Vietnamese and foreign-invested enterprises continue to require foreign debt capital in the form of loans from overseas banks to establish and grow their businesses here. Although foreign loans are not new in Vietnam, there are a number of longstanding, and more recent, issues that arise for both borrowers and lenders in the process of structuring and implementing such a loan.

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  • Report: 2017 Private Equity mid-year briefing

    18 July 2017

    The first half of 2017 has been one of the most active buy out periods for private equity in Australia since the financial crisis. With fundraising conditions remaining positive, plenty of committed capital needing to be invested and the announcement of a number of large and high profile transactions involving financial sponsors, we believe that PE activity will remain robust for the remainder of the year.

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  • Client Update: Grizzly times ahead for banks

    14 July 2017

    A consultation paper on the BEAR has been released, confirming the Federal Government’s intention to impose an executive accountability regime on banks and their subsidiaries that follows important elements of current international accountability regimes. You have three weeks to provide your comments to the Government. Partner Michelle Levy, Senior Associate Sarah Burgemeister and Associate Katie Gardiner report.

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  • Client Update: Excessive payment surcharging reforms

    11 July 2017

    As of 1 September 2017, merchants will be prohibited from charging excessive payment surcharges for certain payment methods. Under the new rules, businesses can only pass on to customers what it costs them to process a payment. The Allens Competition team have put together a brief overview of the changes and what businesses should do to prepare for the new regime.

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  • Client Update: Vietnam's new regulations on corporate governance for public companies

    7 July 2017

    A decree that aims to improve the corporate governance regime for public companies in Vietnam has been issued, and comes into effect August 2017. Our team reports on the key changes.

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  • Unravelled: UK's ASIC's report on member experience of superannuation - ASIC continues to set a high bar

    6 July 2017

    ASIC Report 529: Member experience of superannuation, released just a day before the Productivity Commission officially sets its sights on assessing the state of the superannuation system, serves as a timely reminder of the ever-increasing expectations of the conduct and disclosure practices of superannuation trustees.

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  • Unravelled: UK's Financial Conduct Authority report into asset management: guidance for future direction

    6 July 2017

    ASIC often looks to overseas regulators for inspiration. So when a particularly influential regulator publishes a comprehensive report about a large segment of its regulated population, including possible new areas for regulation, it can pay to take note because it may be a guide to the future direction of Australian regulation.

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  • Unravelled: Raising capital, raising standards: managing conflicts of interest in sell-side research and corporate advisory

    6 July 2017

    ASIC continues its mission to enhance the regulation of Australia's equity markets, with its recent publication of Consultation Paper 290 on managing conflicts of interest when dealing with sell-side research and corporate advisory. The proposed amendments will primarily target investment banks and corporate advisers in the IPO and capital raising process.

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  • Focus: Employment & Safety

    5 July 2017

    In this issue we look at the Fair Work Commission's power to conciliate and arbitrate disputes; whether redundancy payments are payable if an employee is dismissed through ordinary turnover; and how the Queensland Government's draft Labour Hire Licensing Bill may affect all employers.

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  • Client Update: Finkel Review - Data: Critical data needs in the national electricity market

    5 July 2017

    In the fourth of our series analysing the Finkel Review, we look at Dr Finkel's assessment of the critical data needs in the National Electricity Market (NEM), including a key recommendation that by the end of 2018, the proposed Energy Security Board, in collaboration with the Australian Energy Regulator (AER), should develop a data strategy for the NEM. As new technology continues to develop and consumers are placed at the centre of the NEM, it is not surprising that considerable focus has been given to the collection and increased transparency of data. Partner Michael Park and Associate Jessica McCarthy report.

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  • Client Update: Proposed reforms to staged development applications in NSW

    5 July 2017

    The NSW Government has proposed amendments to planning legislation that aim to provide certainty of outcomes for both developers and the public. Partner Paul Lalich, Senior Associate Dennis Smith and Law Graduate James Higgins report.

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  • Client Update: ASIC sell-side research consultation and proposed regulatory guidance

    4 July 2017

    ASIC's new regulatory guidance focuses on managing conflicts of interest and material, non-public information when providing sell-side research. As well as providing extensive guidance on managing conflicts of interest during the capital raising process, ASIC provides its views on payment of discretionary fees, and the funding and structure of the research arm of banks, as well as foreshadowing a further view on allocation policies. Partner Julian Donnan and Senior Associate Addison Ma report.

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  • Client Update: A new planning regime for Queensland

    3 July 2017

    The Planning Act 2016 commences today, together with the Planning Regulation 2017, various new planning documents and new forms. The Act replaces the Sustainable Planning Act 2009. While there is a lot that has changed under the new regime, the cornerstones of the planning system remain intact. Special Counsel Rosanne Meurling identifies those things that you need to know on day one of the new planning regime.

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  • Client Update: Australia's foreign investment regime - regulatory burden reduced

    3 July 2017

    Significant changes to Australia’s foreign investment regime came into effect on 1 July 2017, intended to address concerns regarding this regime raised since its introduction in December 2015. The amendments reduce the regulatory burden in a number of key ways and will impact a range of foreign investors in Australia. Partner Wendy Rae and Senior Associate Nick Kefalianos report on how these significant changes will affect you.

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  • Client Update: Finkel Review - Renewables: The importance of regulatory certainty for renewables

    30 June 2017

    In the third of our series analysing the Finkel Review, we look at implications for the renewable energy sector. Two recommendations in particular – the Clean Energy Target (CET) and the Generator Reliability Obligation - raise a number of opportunities and issues for investment in the renewable energy sector. Partner Kate Axup and Associate Danielle Jones report.

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  • Paper: Ten key M&A legal issues for foreign investors in Vietnam

    29 June 2017

    Vietnam continues to be an attractive destination for foreign investors. As well as raising capital from equity investors, both Vietnamese and foreign-invested enterprises continue to require foreign debt capital in the form of loans from overseas banks to establish and grow their businesses here. Although foreign loans are not new in Vietnam, there are a number of longstanding, and more recent, issues that arise for both borrowers and lenders in the process of structuring and implementing such a loan.

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  • Client Update: Ransomware attacks on the rise

    29 June 2017

    With an upward trend in large-scale ransomware attacks and the number of data breaches reported globally, mandatory data breach notification will become law in Australia in February 2018. This will place privacy compliance and cyber security in sharp focus. Partner Michael Park, Lawyer Samantha Naylor Brown and Head Paralegal Hope Williams report on recent global attacks and what they mean for you.

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