13 September 2022
Supreme Court of NSW clarifies the nature and extent of the duty of care owed by building practitioners: What you need to know
The Design and Building Practitioners Act 2020 (NSW) ( DBP Act ) commenced just over two years ago. A significant feature of the DBP Act is the statutory duty of care it created, which provides that persons who carry out construction work have a duty to exercise reasonable care to avoid economic...
27 July 2020
The Prevention Principle – An irreproachable concept?
We recently spoke with Thomas Lazur of Keating Chambers on the "prevention principle." Our discussion can be listened to here , and this article supplements that discussion and considers further some of the key points raised during our conversation.
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
07 June 2019
NSW security of payment reform update: what you need to know
In November 2018, significant amendments to NSW’s security of payment legislation, the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act ) passed into law. 1 Our previous article described those amendments.
08 April 2019
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to assume the role of mediator during the course of arbitration proceedings – otherwise known as ‘med-arb’. 1
28 November 2018
London Construction and Infrastructure Disputes Group authors chapter in GAR Guide to Construction Arbitration
London-based Construction & Infrastructure Disputes partners James Doe and David Nitek have authored the chapter on 'Construction Arbitration and Turnkey Projects' in the second edition of Global Arbitration Review’s Guide to Construction Arbitration .
06 December 2017
CJEU ruling in Coty – greater online protection for luxury goods suppliers
In its hotly anticipated ruling in the Coty case , the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article 101(1...
18 October 2017
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy ( BEIS ) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention...
06 October 2017
Reform of French Securitisation Law and Creation of Specialised Financing Vehicles
The reform of the French securitisation legislation announced by the Government throughout the implementation of 'Sapin 2 Law' has been published on 5 October 2017. This reform is coupled with the introduction into French law of specialized financing vehicles and a new reform of the banking...
25 May 2017
Good news for EPC contractors in the Australian market: Developments and trends in security of payment legislation
In Australia, both State and Federal governments have acknowledged the need to improve security of payment for EPC contractors and subcontractors. The consequent regulatory and legislative changes stand to benefit EPC contractors looking to enter the Australian market, but they must familiarise...
25 September 2023
Talking Shop: A consumer sector podcast series
Expert insights for navigating the big trends and key issues redefining the global consumer sector. From rampant digitisation and supply chain reinvention to sustainability and geopolitical factors, the consumer sector is fast-evolving to meet the challenges – and opportunities – facing companies...
22 September 2023
Age Verification Roadmap – key updates on the regulation of online safety and age verification
The release of the eSafety Commissioner’s Roadmap for Age Verification and the Australian Government’s response puts a pause on mandatory age verification, but signals a focus on further regulatory reform.
21 September 2023
Edinburgh International Arbitration Festival (#ArbFest2023)
Herbert Smith Freehills is a proud sponsor of the inaugural Edinburgh International Arbitration Festival, hosted by the Scottish Arbitration Centre. The event will be held on 21 and 22 September 2023, a year on from the record-breaking International Council for Commercial Arbitration (ICCA)...
21 September 2023
Australian Federal Court finds in favour of former Quintis CEO in directors duties case brought by regulator
The Australian Securities and Investments Commission ( ASIC ) has failed in its action against the former CEO & Managing Director of Quintis Limited ( Quintis ) for alleged breaches of section 180 of the Corporations Act (the duty to act with care and diligence). Following a four-week trial,...
21 September 2023
#FDIFriday – the Global Foreign Direct Investment podcast series
Our latest #FDIFriday podcast series brings together experts from our Global Foreign Investment Regulation Group to discuss the rapidly-evolving FDI regulatory landscape in accessible, digestible podcast episodes to help clients and our wider network keep abreast of the latest developments in this...
19 September 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
14 September 2023
King's College London International Construction Arbitration Conference 2023
King's College London International Construction Arbitration Conference 2023 Centre of Construction Law and Dispute Resolution 14 September 2023, 09:00 to 17:00 Ashworth Centre, The Honourable Society of Lincoln's Inn, London