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EU Commission publishes AIFMD report – what does this mean for Australian wholesale fund managers?
Insight 10 Jul 2020

The European Commission has finally published its report on AIFMD and, in doing so, considered the impact of AIFMD on AIFMs, AIFs and investors. The report is short, but gives some insight into how the key features of AIFMD have worked and the effect this has had on the market. ...

Pilbara v Ammon: WA Court of Appeal considers the meaning of 'feasibility study' in the context of a joint venture agreement
Insight 08 Jul 2020

The recent decision of Pilbara Iron Ore Pty Ltd v Ammon will be of interest to anyone who deals with farm-in agreements or other resource sector agreements where one party agrees to commission a 'feasibility study'. ...

Workplace manslaughter: Victoria's new workplace crime
Insight 03 Jul 2020

Under Victoria's new offence of workplace manslaughter, if a corporation or officer (which can extend to senior managers) is negligent and that results in a fatality, there will be a risk of criminal prosecution. Individuals will risk a lengthy sentence of imprisonment. ...

Defamation in the digital age – beware of social media comments
Insight 25 Jun 2020

The NSW Court of Appeal has recently reaffirmed the ruling that administrators of public Facebook pages can be held liable as publishers of comments posted to their pages by members of the public. ...

Lime shines light on product safety representations and product recalls
Insight 25 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Sachin hits Spartan for six
Insight 25 Jun 2020

The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...

The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
Insight 25 Jun 2020

WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...

Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
Insight 23 Jun 2020

As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...

RG 272 – bringing order through product intervention
Insight 23 Jun 2020

Following its consultation in June last year, ASIC has now published RG 272, setting out ASIC's approach to using its product intervention powers. In this update, we examine the scope of this power and the accompanying regulatory guidance. ...

Annual members' meetings for superannuation funds – physical, electronic hybrid or virtual?
Insight 23 Jun 2020

In May, the Federal Treasurer used emergency powers to temporarily modify the Corporations Act 2001 (Cth) to facilitate the holding of public company shareholder meetings virtually, without any attendees required to be physically present. We take a look at the SIS Act requirements, ASIC statements, and the implications for holding members' meeting in the current environment. ...

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