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Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

New ASIC guidance on how superannuation and managed funds can avoid 'greenwashing'
Insight 16 Jun 2022

Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...

Allens advises Blackstone on A$1.5 billion sale of La Trobe Financial to Brookfield
News 17 Jun 2022

Founded by the O'Neill family, La Trobe Financial is a leading Australian non-bank lender and asset manager with more than A$13 billion in assets under management. La Trobe manages fixed income ...

ACCC announces 2022-23 Product Safety Priorities: what they mean for you
Insight 17 Jun 2022

Suppliers of consumer products identified as a priority can expect to receive significant ACCC focus in the year ahead. The regulator has reiterated its support for a General Safety Provision, and flagged an increased focus on product safety online and the use of mandatory standards. ...

Class action funding revisited – litigation funding schemes held to not be Managed Investment Schemes
Insight 20 Jun 2022

The Full Federal Court has held that litigation funding agreements are not 'managed investment schemes' (MIS), overturning its own more than decade-old decision in Brookfield Multiplex. ...

The post-election anti-bribery landscape
Insight 24 Jun 2022

In this Insight, we consider how federal anti-bribery laws may evolve under the Albanese government, and comment on its possible use of sanctions. ...

'Rate my builder' – next step in NSW Government rating regime
Insight 24 Jun 2022

Marking a further step in the New South Wales Government's 'Construct NSW' building and construction industry reforms, the Independent Construction Industry Ratings Tool (iCIRT) – which assesses construction professionals against a series of criteria2 – has released the first 19 developers and builders to have a public rating. In this Insight, we explain iCIRT's potential impact, and what action construction professionals and businesses can be taking now. ...

Allens advises TfNSW on $2.2 billion Coffs Harbour Bypass Project
News 20 Jun 2022

The project includes a 14 kilometre bypass of Coffs Harbour, which will save 11 minutes travel time. The project forms part of the Pacific Highway upgrade, which is one of the largest road ...

Competition and consumer law risks to be aware of in relation to ESG
Insight 22 Jun 2022

As businesses continue to focus on ESG it's important to be aware of potential competition and consumer law risks, including misleading environmental claims and anti-competitive industry collaboration. After watching this short Video, you will have a clear understanding of both of these issues and some of the practical steps you can take to prevent these risks. ...

National Electricity and Gas rules update: May 2022
Insight 14 Jun 2022

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of May, as well as take a closer look at the AEMC's directions paper setting out a revised approach to primary frequency response incentive arrangements. ...

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