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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.
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

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”.
13 February 2019

Responsible Lending: “Apply the law as it stands!”

The law is correct, now you must learn to follow it. That is the message from Commissioner Hayne regarding the consumer lending laws and responsible lending practices of Australia's banks. Despite being "urged" by consumer advocacy groups to alter the National Consumer Credit Protection Act 2009 (...
13 February 2019

Credit Distribution

The Final Report has made a number of recommendations that aim to address issues that exist within intermediated lending, with a particular focus on mortgage brokers. This article focusses on home lending. Please see Banking and Credit (General) for our discussion about the recommendations relating...
13 February 2019

Financial Advice and Distribution

The Final Report of the Royal Commission has been released and its recommendations will fundamentally change financial advice and the distribution of financial products.
13 February 2019

Fund and asset management: Getting back to basics

The Final Report contains a series of recommendations which, when implemented, will require fund and asset management firms to reassess their distribution channels and revisit their culture, governance and remuneration arrangements.
13 February 2019

Superannuation and group life insurance

The Royal Commission was widely expected to bring the superannuation industry to its knees, and certainly there are findings that make sobering reading. How some of those play out over the coming months and years remains to be seen.
13 February 2019


The Royal Commission’s final report has endorsed much of the existing legislative and reform proposals for the insurance industry.
13 February 2019