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Recent Articles

07 May 2019

London International Disputes Week 2019

Herbert Smith Freehills is delighted to be supporting the inaugural London International Disputes Week (LIDW), which takes place between 7 and 10 May 2019.
04 April 2019

Paris Arbitration Week 2019

Herbert Smith Freehills is delighted to be supporting Paris Arbitration Week (PAW) 2019, which takes place between 1 and 5 April 2019.
18 February 2019

ACCC succeeds in first merger ‘gun-jumping’ cartel prosecution

On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their cooperation...
15 February 2019

NSW Security of Payment reform: what you need to know

The latest round of amendments to NSW’s security of payment legislation, the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act ) have now been passed. 1
15 February 2019

Climate change impacts used to reject new NSW coal mine

Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
14 February 2019

Global M&A Trends 2019 Podcast Series

This podcast series accompanies our latest global M&A report, M&A in 2019: Succeeding in a Climate of Disruption which you can download here .
14 February 2019

Supplier terms and pricing issues

Pricing restrictions imposed by suppliers on resellers have increasingly come under the spotlight of the competition authorities in a number of jurisdictions. This series of guides looks at the approach and recent developments in a range of key jurisdictions.
14 February 2019

Successor rate provisions for LIBOR in U.S. Credit Agreements

13 February 2019


13 February 2019

LIBOR Is Being Overtaken: Will It Be a Car Crash?

This article considers the background and current market developments relating to the discontinuation of LIBOR. It examines the potential litigation likely to arise for legacy contracts and the alternative contractual fall-back provisions that are being proposed. Finally, it analyses the four...
13 February 2019

Financial Services: In the wake of the Royal Commission…

While the Financial Services Royal Commission was a watershed inquiry for the industry, the industry is well accustomed to constant scrutiny and reform.
13 February 2019

Governance: The new age of leadership

Recent shareholder action against executive remuneration, the expansion of APRA’s ambit to include a greater focus on culture and remuneration, the introduction of the BEAR and the rise of the “community expectations” standard shows the new microscope penetrating boardrooms and the upper echelons...
13 February 2019

Community expectations are here to stay

To deny the role that community expectations will play post-Royal Commission is, with respect, a flat-Earther perspective.
13 February 2019

The Regulators

The Final Report has been released and for those who followed the public hearings, the recommendations are not surprising. The regulators, ASIC and APRA, have been given increased regulatory scope and more tools to regulate. The key question is, following on from the Final Report, where next for...
13 February 2019

Banking and Credit (General)

The recommendations made in relation to banking and credit more generally were in some regards unsurprising and minor, relative to the responsible lending recommendations and credit distribution recommendations , both of which went to the crux of Commissioner Hayne’s “four observations”.