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.

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  • InIP: What's happening in intellectual property

    20 June 2018

    In this issue we provide an update on defamation law in the digital context; look at how having a name famous enough to be registered as a trade mark can be a double-edged sword; give the lowdown on some intriguing new applications for drones; report on a US decision on whether embedded Tweets infringe copyright, which could have important consequences for online media; explain how to take ownership of social media accounts when purchasing a business; and analyse the Federal Court's first look at enablement and support in the patent context.

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  • Client Update: What you need to know about the national energy guarantee and demand response

    19 June 2018

    Following the Energy Security Board's release of the National Energy Guarantee Draft Detailed Design Consultation Paper, Partner Kate Axup, Associate Mark Leersnyder, and Lawyer Mohamed Khairat consider the challenges and opportunities surrounding demand response as an alternative form of dispatchable capacity in the Australian energy market. This article is part of a series in which Allens examines aspects of the proposed National Energy Guarantee.

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  • Client Update: National Energy Guarantee enters critical consultation phase

    18 June 2018

    The Energy Security Board has released its Draft Detailed Design Consultation Paper. The paper flags some interesting developments from the April high-level design, with further detail expected in technical working group papers flagged for release one week into the four-week consultation period. Partner Anna Collyer discusses key aspects of the consultation paper.

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  • Client Update: The end of the unit trust monopoly - tranche 1 of the revised CCIV bill

    15 June 2018

    On 13 June 2018, the Federal Government released the first tranche of the revised exposure draft legislation for the new corporate collective investment vehicle, one of the two forms of collective investment vehicle which it pledged to develop as part of the 2016-2017 budget. We are undertaking a comprehensive review of the draft for the purpose of preparing submissions to Treasury and will provide further updates in due course. In the meantime, Partner Penny Nikoloudis, Senior Overseas Practitioner James Kanabar and Associate Mai Go provide a high-level overview of the draft.

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  • Nucleus: corporate law developments

    15 June 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: Class action and litigation funding review - ALRC grapples with thorny issues

    6 June 2018

    As part of its current inquiry into class actions and litigation funders, the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding. In general, it supports the 'hands on' approach to case management increasingly being adopted in the Federal Court. We have now had more than 25 years' experience with class actions in Australia, so it is a good time for a thorough review, and the ALRC's discussion paper makes thoughtful suggestions on some thorny issues. Partner Ross Drinnan, Senior Associate Jerome Entwisle and Lawyer Harrison Cross report.

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  • Client Update: ASIC overhauls AFS licensing relief for foreign financial service providers

    5 June 2018

    The Australian Securities and Investments Commission has released its highly anticipated consultation paper on licensing relief for foreign financial services providers. The said new licensing regime will be broadly in line with that applied to other AFS licensees, but with relief from some provisions of the Australian Corporations Act and the imposition of certain additional tailored licence conditions. Partner Penny Nikoloudis, Senior Associate Jo Ottaway and Law Graduate Tom Lawson report.

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  • Client Update: New reporting requirements for critical infrastructure

    4 June 2018

    New reporting requirements for critical infrastructure require the lodgement of information on the Register of Critical Infrastructure Assets before 11 January 2019. This is the time for owners and operators of Australian infrastructure to consider whether any of their assets qualify as 'critical infrastructure'. Partner Wendy Rae and Senior Associate Nick Kefalianos explain what critical infrastructure is and who will be affected by the new requirements.

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  • Client Update: Insight into the workings of Queensland's Planning Act 2016

    4 June 2018

    Queensland's Planning and Environment Court recently delivered three significant decisions that provide insight into the operation of the Planning Act 2016. The decisions separately address service requirements for submitter appellants, the operation of the transitional provisions in the Act and the categorisation of development. Partner Bill McCredie, Senior Associate David Thorpe and Law Graduate Conor Ruane discuss the lessons learned from these decisions and their impact on the development of land in Queensland.

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  • Client Update: Construction contracts and the new 'ipso facto' insolvency reforms

    1 June 2018

    New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses, both before and during external administration, has recently been passed. The reforms restrict the enforcement of contractual rights triggered by voluntary administration, receivership or schemes of arrangement to avoid being wound up in insolvency (known as ‘ipso facto’ clauses). These changes will have significant ramifications for those involved in the construction sector. Partner Leighton O'Brien and Lawyer Daniel Abadee report.

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  • Client Update: Comments open for North East Link EES scoping requirements

    31 May 2018

    The draft scoping requirements for the proposed North East Link project's Environment Effects Statement have been released and are open for public comment until 12 June 2018. Partner Jillian Button and Lawyer Dale Straughen report.

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  • In touch: Competition news

    30 May 2018

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

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  • Allens insights: International Comparative Legal Guide to Project Finance 2018 - Australia

    25 May 2018

    Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance. Among other factors, they discuss restrictions on foreign investment, bankruptcy and restructuring proceedings, tax, and political risk in relation to changes in law.

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  • Client Update: Misuse of market power - Court rejects ACCC allegations against Pfizer

    25 May 2018

    Today the Full Federal Court found against the ACCC and in favour of Pfizer.

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  • Client Update: Extensive recommendations on security of payment released

    24 May 2018

    The Federal Government has released John Murray AM's report into Australian security of payment regimes. The Review includes an extensive range of recommendations aimed at achieving legislative best practice and balancing the often competing interests of stakeholders. Importantly, it makes the case that security of payment is best dealt with at a national level, in a cohesive and co-operative manner. Partners Nick Rudge and David Donnelly and Associate Rami Marginean report.

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  • Client Update: Competing class actions - the court takes control

    24 May 2018

    The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed. The latest in a series of judgments where the courts have grappled with the problem of competing class actions, Justice Lee's decision suggests an increasingly 'hands on' approach to case management by the Federal Court, and a willingness to exercise those case management powers to prevent a multiplicity of actions. Partner Ross Drinnan and Senior Associate Jerome Entwisle report.

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  • Client Update: National Energy Guarantee - the emissions requirement in Australia's carbon policy landscape

    23 May 2018

    Following the recent release of the National Energy Guarantee High Level Design Document, Partner Jillian Button xand Lawyer Dale Straughen consider how the proposed emissions reduction requirement of the Guarantee will interact with Australia's existing emissions reduction policies. This article is part of a series in which Allens examines aspects of the proposed National Energy Guarantee.

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  • Client Update: Exposure Draft to implement tax integrity package for stapled structures released

    23 May 2018

    Treasury has released the first of several tranches of exposure draft legislation to implement the Federal Government's tax integrity package for stapled structures and broader tax concessions currently available to certain foreign investors. The draft legislation sets out the requirements that investors must satisfy to access the concessions and transitional arrangements foreshadowed in the package. However, Treasury has indicated that draft legislation on the agricultural MIT changes, and on the conditions that stapled entities must comply with to access the infrastructure concession and transitional arrangements, will be released in due course. The Exposure Draft is open for public consultation until 31 May 2018. Partner Martin Fry and Senior Associate Igor Golshtein report.

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  • Focus: Federal Court imposes highest penalty to date

    22 May 2018

    The Full Federal Court has allowed the ACCC's appeal and imposed penalties of $46 million for cartel conduct on Japanese wire harness manufacturer Yazaki Corporation. The penalty was increased to $46 million from $9.5 million on appeal, and is the highest-ever penalty under the Competition and Consumer Act. Partner Kon Stellios and Associate Jack Ducommun look at the implications for business.

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  • Unravelled: 2018-19 Federal Budget - superannuation

    15 May 2018

    The 2018-19 Federal Budget has introduced a number of proposed superannuation-related changes, with a focus on protecting small balances, young members and existing retirees.

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  • Unravelled: Breach reporting by AFS licensees

    15 May 2018

    In the hurly burly of the Royal Commission’s recent hearings concerning financial advice, you may have missed some very important information about breach reporting by AFS licensees contained in the witness statement prepared by Mr Peter Kell, Deputy Chair of ASIC.

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  • Unravelled: Royal Commission update

    15 May 2018

    The hearings in the Financial Services Royal Commission have been compulsory viewing, not only for financial services industry participants and their regulators and professional service providers. The hearings have exposed wide-ranging actual or alleged wrongful conduct that has captured the attention of politicians, media and the general public.

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  • Nucleus: corporate law developments

    8 May 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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  • Focus: Federal Government's bold vision for data availability and use

    4 May 2018

    The Federal Government's response to the Productivity Commission's report on data availability and use, released this week, outlines a bold vision but has a surprising lack of detail, suggesting implementation is likely to be some way off. If legislation is introduced, the new regime will result in a fundamental change to the way Australian consumers, businesses and government agencies interact with and think about data. Partner Gavin Smith, Senior Associate Jessica Selby and Lawyer Claudia Hall predict the key impacts.

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  • Client Update: National Energy Guarantee - development of Emissions Requirement

    3 May 2018

    Following the recent release of the National Energy Guarantee High Level Design Document, Partner Anna Collyer and Senior Associate Karla Drinkwater report on the proposed Emissions Requirement of the National Energy Guarantee, which seeks to lower emissions in keeping with international commitments. This article considers developments in the Emissions Requirement's design since the initial Consultation Paper was released in February 2018, and is part of a series in which Allens examines aspects of the proposed National Energy Guarantee.

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  • Pulse: Cyber security

    3 May 2018

    In this bulletin, we give you the rundown on proposed reforms to encryption laws; offer a practical guide to cyber insurance; look at APRA's proposal for a cross-industry framework for information security; give tips for fostering a culture of cyber awareness; examine the key findings from the OAIC's first quarterly report under the new Notifiable Data Breaches Scheme; and look at the steps that governments at home and abroad are taking to combat the growing risk of cyber attacks on critical infrastructure.

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  • In touch: Competition news

    2 May 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: Last minute increase to scheme consideration - a more flexible approach?

    2 May 2018

    A recent Federal Court decision in Re Billabong International Limited shows a pragmatic approach by the court to the question of whether, in a takeover bid effected by way of scheme of arrangement, the bidder can make a last minute increase in the scheme consideration, without having to adjourn the scheme meeting and provide supplementary disclosure to target shareholders. Partners Guy Alexander and Kim Reid and Associate Samantha Naylor Brown comment.

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  • Client Update: Preparing for the NEG's Reliability Guarantee - be alert, not alarmed

    27 April 2018

    Following the recent release of the National Energy Guarantee High Level Design Document by the Energy Security Board, Partner Anna Collyer and Associate Mark Leersnyder report on the proposed Reliability Guarantee component of the National Energy Guarantee, which seeks to improve the supply and demand signals being sent to retailers, large energy users, and investors in generation and demand response. This article looks at what retailers, large customers and energy project investors could be doing to prepare for the Reliability Guarantee — if they decide to do anything — and is part of a series in which Allens examines aspects of the proposed National Energy Guarantee.

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  • InIP: What's happening in intellectual property

    24 April 2018

    In this issue we give another update on the proposed changes to Australia's IP laws; examine the impact of the ACCC v Heinz decision on food packaging; look at franchising issues, which are back in the spotlight; show how failure to identify who is an inventor can have serious consequences; give an update on online copyright infringement laws; and look at the difficulties in developing an implementation policy for direct .au registrations.

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  • Focus: ASIC's sanctions and powers to be strengthened

    23 April 2018

    The Federal Government has announced that it proposes to strengthen ASIC's powers, and to increase the severity of penalties (civil and criminal) that can be imposed on individuals and corporations, in line with the ASIC Enforcement Review Taskforce's recommendations. Partner Rachel Nicolson and Senior Overseas Practitioner Chris Kerrigan report.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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