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29 May 2019
Irony and the opportunity for generational reform of Australia’s Workplace Laws
There is some irony that the party which entered the 2019 federal election campaign with no IR policy now has the chance of a generation to make enduring and significant change to improve Australia’s IR system for employees and employers alike.
16 May 2019
A mega boost for the mega projects of the future
At a business breakfast in Perth on Wednesday 15 May, Bill Shorten announced an important policy the ALP will pursue if it achieves Government after this weekend’s election. The initiative will enable greenfield enterprise agreements to be struck for a period which covers the whole of the...
15 May 2019
A Gig Deal – ‘Gig Economy’ Regulation Initiatives at the Federal Level
The Australian Labor Party (ALP) has a broad industrial relations platform that it is promoting in the lead up to the federal election. However, one key policy that has been set since early 2018 is a ‘crackdown’ on what is described as the ‘casualisation of Australia’s workforce and insecure work...
09 May 2019
“All is fair in love and war” – but what about in industrial relations?
It was once said (and many times repeated) that “[t]he adage ‘‘all is fair in love and war’’ is… as much applicable to industrial warfare as to any other type.” In other words, industrial relations is (or at least has traditionally been) a battle ground where parties have been largely free to...
08 May 2019
Industrial Relations Law Reform Agenda
Having difficulty cutting across the campaigning to focus on the actual policies of each party? Herbert Smith Freehills have prepared and continually updated a broad summary of the proposed industrial relations reforms publicly announced by the Liberal Party and the Australian Labor Party ( ALP ).
03 May 2019
After the Election: changes to safety right of entry?
The paucity of detail on the ALP’s law reform agenda in respect of right of entry could mean one of two things. No significant reform is planned, or details of proposed reforms will not be released until after the election. We expect the latter is more likely.
07 June 2017
Qatar - diplomatic ties severed: implications for business
On Monday 5 June 2017, Saudi Arabia, the United Arab Emirates ("UAE"), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Saudi Arabia, the UAE, Bahrain and Egypt closed transport links with Qatar from Tuesday 6 June 2017. Effective from...
13 April 2017
Environmental laws trump Linc Energy creditors
Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in...
13 April 2017
Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’
Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s environmental laws, which means that the liquidators are required to use available funds to cause the company to comply with its environmental...
01 September 2016
Are you ready to deal with cyber risk?
An organisation's confidential information and the personal data of their customer base is a valuable commodity. Combine this with an increased reliance on doing business in a digital world and the regulatory scrutiny surrounding cyber breaches, organisations big and small need to tackle the cyber...
13 April 2016
Class action tourism on the rise
"Class Action Tourism" is a trend for litigation that we are seeing becomingly increasingly prevalent. It involves a claim by a number of individuals against the entity in a group (often the parent company) in a litigant-friendly jurisdiction (usually where there is funding available for litigants...
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24 January 2020
Financial Accountability Regime to introduce obligations on RSE licensees and insurers
Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
22 January 2020
Moscow Corporate Crime and Investigations Newsletter - January 2020
This newsletter summarises recent developments in Russian regulations, enforcement and court practice which may be relevant for doing business in Russia, from a corporate crime and investigations perspective. Additionally, this newsletter identifies some developments in the US and other relevant...
21 January 2020
The new environment for climate change litigation
The Dutch Supreme Court (the Court ) has recently affirmed a decision of the District Court to issue an order directing the State of the Netherlands to reduce it's greenhouse gas emissions by the end of 2020 by at least 25% of the emissions as at 1990. The order issued by the District Court now...
21 January 2020
HIGH COURT STRIKES OUT CLAIM AGAINST BANKS IN THEIR CAPACITY AS LENDERS TO INVESTORS OF A TAX DEFERRAL SCHEME
The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to the investors for the purpose of investing in the scheme: Mr Anthony Barness & Ors v Ingenious Media Limited & Ors [2019] EWHC 3299 (Ch) .
16 January 2020
Top 10 Employment Law Developments Of The Decade: Part 2
In the final installment of our two-part article, we conclude our countdown of the top U.S. labor and employment developments of the 2010s. This part covers the key developments from 2015 to 2019, and it concludes with our selection of the most important development of the decade.
13 January 2020
Getting the deal through: Joint Ventures 2020
In increasingly complex and connected global markets, joint ventures offer access to business and investment opportunities that may be less available to parties acting alone. New market entry, growing customer bases, sharing of capital expenditure or other costs, originating funding or investment,...
08 January 2020
Open Innovation: Collaborate to Innovate
Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
08 January 2020
Open Innovation: Data issues in innovation and collaborations
Businesses in every sector are under pressure to innovate to stay ahead of the competition. ‘’Open innovation’’ is a term that has come to describe innovation which extends beyond the traditional Research and Development department of a business and embraces a broader pool of talent and ideas...
06 January 2020
Views on an evolving automotive industry: Responding to ESG-related scrutiny
The automotive industry is unquestionably evolving at considerable pace whether through advances in connectivity and autonomy in vehicles, developments in the way that consumers access and use vehicles or changes driven by the 'electric revolution'.
20 December 2019
Online harms and online safety: Is greater harmonisation on the horizon for Australia?
On 11 December 2019, the Government released a discussion paper on a proposed Online Safety Act (the Proposal ) for consultation. The Proposal comes only months after the adoption of the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) (better known as the social media...
