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All recent publications

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

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

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  • Client Update: Modern Slavery Bill passed - how can your business prepare?

    3 December 2018

    As the Federal Modern Slavery Bill has passed Parliament, Australian entities (or entities carrying on a business in Australia) with at least $100 million global consolidated revenue will be required to submit an annual modern slavery statement on the risks of modern slavery in their operations and supply chains. While the first statement will not be due until 2020, you should take steps now to ensure that, when the time comes, your business can meet the reporting obligations. Partner Paul Nicols, Senior Associate Dora Banyasz, Senior Associate Clare Bradin and Associate Holly Woodcroft report.

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  • Focus: Class action amounts to multiple claims under insurance policy

    3 December 2018

    The decision in a recent Supreme Court of New South Wales case, where indemnity was sought for costs incurred defending and settling a class action, highlights a potential gap in coverage under civil liability insurance policies. Partner Louise Jenkins, Senior Associate Julia Clemente and Lawyer Calypso Strauss report. 

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  • Paper: Privatisation in Vietnam

    3 December 2018

    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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  • In touch: Competition news

    30 November 2018

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

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  • Client Update: Steps taken to progress Strategic Energy Plan

    27 November 2018

    Tasked with preparing a draft Strategic Energy Plan on behalf of the COAG Energy Council, the Energy Security Board has developed five key outcomes and a list of objectives for the National Electricity Market, and is seeking industry feedback on the proposed metrics for evaluating market performance against these objectives. Partner Anna Collyer and Associate Luisa Colosimo discuss the ESB's proposal, and opportunities for stakeholders.

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  • Report: Class Action Risk 2018

    26 November 2018

    Class action risk continues to increase and is becoming more complex than ever before. Assessing this risk for your organisation is extraordinarily challenging and requires a broad-based perspective of the broader class actions landscape. To give that broader context, as well as practical guidance, our Class Actions team has prepared this guide to class action risk at the end of 2018.

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  • Client Update: Competing class actions - no 'one size fits all' solution

    22 November 2018

    The Full Federal Court has held that, when the court is faced with multiple 'competing' class actions in relation to the same issue, it can choose one to proceed and stay the others. In doing so, it said that there is no 'one size fits all' solution to the problem of competing class actions, and that different cases will require different approaches. Partner Jenny Campbell and Senior Associate Alex Tolliday report.

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  • Client Update: It's that time of year again - is your product safety house in order?

    21 November 2018

    Product safety has been high on the ACCC's agenda in 2018 and, with the holiday retail frenzy about to begin, it should also be high on the agenda of all retailers and suppliers. Following on from International Product Safety Week last week, it is a good time for businesses to review their processes and procedures to ensure they comply with the Australian Consumer Law's product safety regime. Partner Miriam Stiel and Senior Associate Julia Taylor set out some important considerations.

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  • Client Update: The revival of the Retailer Reliability Obligation

    20 November 2018

    In the wake of the last COAG Energy Council meeting, at which it was agreed the National Energy Guarantee's reliability component should be progressed, new draft legislation gives effect to a 'Retailer Reliability Obligation'. Partner Anna Collyer and Associate Luisa Colosimo report.

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  • In touch: Competition news

    16 November 2018

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

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  • Client Update: Changes to inventive step requirements postponed

    16 November 2018

    In response to a range of concerns from stakeholders, the Federal Government has decided to postpone controversial amendments to the inventive step requirements. Partner Linda Govenlock and Senior Associate Lauren John report on this significant development.

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  • Focus: New APRA prudential standard raises bar for information security obligations and incident notification requirements

    15 November 2018

    As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard. It will require APRA-regulated entities to establish and maintain information security controls to protect customer data, and to notify APRA of information security incidents that have, or may have, a material effect on customers' interests. This will have significant implications both for regulated entities and for their boards of directors. Partners Gavin Smith and Simun Soljo and Lawyer James Higgins report.

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

    14 November 2018

    In this update we look at the the progress of rule changes across the month of October and examine opportunities for stakeholders to participate in the AEMC's new review 'Updating the regulatory framework for embedded networks'.

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  • Nucleus: corporate law developments

    14 November 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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  • Unravelled: AFCA's powers and obligations - 'systemic issues'

    13 November 2018

    In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns'. Commissioner Hayne's comments made me think about AFCA and what it can do (and must do) about 'systemic issues' identified in the course of handling complaints.

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  • Unravelled: The ins and out (goings) of responsible lending

    13 November 2018

    Very broadly speaking, current legislation relating to responsible lending says that a person must not recommend or make an 'unsuitable' loan to a consumer – an unsuitable loan being one that either does not meet the consumer's requirements and objectives, or imposes repayment obligations that they are unable to meet without substantial hardship.

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  • Client Update: Vietnam - draft cybersecurity regulation released

    13 November 2018

    Following the passing of the controversial Cybersecurity Law in June, the Ministry of Public Security recently released for public consultation a draft decree providing detailed guidance on this law. The draft contains a number of important clarifications of the localisation requirements applicable to foreign service providers. Partner Linh Bui and Associate Hien Nguyen report on the key issues that could affect businesses.

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  • Client Update: Compulsory social insurance regime is to apply to foreign employees in Vietnam

    12 November 2018

    Social insurance contributions from foreign employees working in Vietnam and their employers were required from 1 January 2018, but lack of guidance has meant a hold on the practice until now. The Government has finally issued a long-awaited decree that implements the compulsory social insurance scheme for foreign employees from 1 December 2018. Partner Linh Bui, Senior Associate Mai Loan Nguyen and Associate Hoa Phan report on the key changes.

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  • Focus: Employment & Safety

    9 November 2018

    In this issue we look at changes to Victorians' long service leave; an unfair dismissal case; expectations vs reality for workplace safety; and the distinctions that matter when using Latin abbreviations.

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  • Focus: Solar farms in the spotlight - Victorian draft guidelines released

    9 November 2018

    The Victorian Government has released draft guidelines for the design, assessment and development of large-scale solar farms. Partner Jillian Button, Senior Associate Emily Johnstone, Associate Isabella Kelly and Lawyer Zainab Mahmood provide an overview of the guidelines' key features.

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  • Focus: International Arbitration - Australian courts' power to grant interim freezing orders

    2 November 2018

    The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. Specifically, it has confirmed that their power to grant interim freezing orders is not limited to orders that extend only until the arbitral tribunal is constituted - meaning that such an order might continue to apply whether or not the arbitral tribunal agrees that it is appropriate. Partner Jeremy Quan-Sing and Lawyer Caitlin Moustaka report.

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  • In touch: Competition news

    1 November 2018

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

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  • Client Update: Requirements and responsibilities under the EPA Act's new contaminated land regime

    31 October 2018

    In part three of our series on the Victorian environmental reforms, we explore the new contaminated land regime introduced into the Environment Protection Act 2017 (Vic) by the recently passed Environment Protection Amendment Act 2018 (Vic). The duties to notify the EPA of and manage contamination, the statutory power to serve a remedial notice on the landowner, and the new audit framework represent major departures from the current environmental protection regime. Partner Jillian Button, Associate Isabella Kelly and Paralegal Simon Chiarelli provide an overview of these key changes and the practical implications for those who own or occupy contaminated land in Victoria.

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  • InIP: What's happening in intellectual property

    31 October 2018

    n this issue: we report on a Bill amending website blocking laws; compensation for Albert Namatjira's descendants for decades of missed royalties; an attempt to trade mark common textspeak abbreviations; amendments to the EU Copyright Directive that have been sending the Twitterverse into a frenzy; how residual reputation in a trade mark stopped a non-use application; and further Australian Patent Office decisions relating to patent ownership.

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  • Client Update: Important changes to Queensland's mineral resource legislation

    25 October 2018

    On Thursday, 18 October, the Queensland Parliament passed the Mineral, Water and Other Legislation Amendment Bill 2018, which will make important changes to the various Acts governing resource activities in that state. Partner Ben Zillmann and Senior Associate Giselle Kilvert consider the changes to mineral resources legislation.

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

    23 October 2018

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

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

    22 October 2018

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

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  • In touch: Competition news

    18 October 2018

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

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  • Client Update: Third tranche of draft CCIV legislation released

    18 October 2018

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

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  • Pulse: Cyber security

    17 October 2018

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

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

    15 October 2018

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

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  • Update: Consumer Data Right

    12 October 2018

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

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  • Unravelled: Slater & Gordon begins its superannuation class actions

    11 October 2018

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

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

    11 October 2018

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

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  • Nucleus: corporate law developments

    5 October 2018

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

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

    5 October 2018

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

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

    5 October 2018

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

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  • In touch: Competition news

    3 October 2018

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

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

    3 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    2 October 2018

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

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

    26 September 2018

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

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

    19 September 2018

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

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

    19 September 2018

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

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