Latest Thinking

Global perspectives and local insights from our legal experts

Filter by Location

Filter by Sectors

Filter by Services

Filter by Article Type

Recent Articles

21 August 2019

The M&A Conference 2019

16 August 2019

NSW Modern Slavery – opportunity to provide input

In June 2018, the Parliament of New South Wales passed the NSW Modern Slavery Act , ahead of the Commonwealth Modern Slavery Act which passed in December 2018. However, the NSW Modern Slavery Act is yet to commence and it has been reported that the NSW Special Minister of State had received advice...
15 August 2019

Australian Patent Update: three key changes underway

Last August we considered IP Australia’s Exposure Draft outlining the potential impact of proposed changes to the Patents Act 1990 (Cth). Following the Exposure Draft’s release, IP Australia received 18 submissions in response, including submissions from AusBiotech, Medicines Australia and the...
13 August 2019

K-Line receives a record $34.5m fine for criminal cartel conduct

Kawasaki Kisen Kaisha Ltd ( K-Line ) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018.
07 August 2019

Policyholder successfully appeals refusal to apply one deductible to multiple claims in Class Action

In good news for policyholders defending class actions, the NSW Court of Appeal has ruled that multiple claims in a class action against Bank of Queensland over a “Ponzi scheme” should be treated as a single claim under the Civil Liability Policy’s aggregation clause, meaning that only one...
05 August 2019

Paddling to surfing: the rise of Online Dispute Resolution

ODR has become a common term in the disputes world. Given business is almost always conducted online, why shouldn't disputes be resolved in the same way? Whether it is Brexit or the Belt and Road, ODR has been touted as part of the solution.
01 August 2019

The Assistance and Access Act: Shining further light on the issue of ‘going dark’

31 July 2019

Takeovers Panel issues guidance on shareholder requisitions and undisclosed associations

The Takeovers Panel recently found that unacceptable circumstances existed in relation to Aguia Resources in the context of a shareholder requisitioned meeting to change the composition of the company’s board. Whilst the Panel has generally been reluctant to interfere with shareholders’ rights to...
31 July 2019

Implied terms and the termination of M&A contracts

Two recent court decisions provide important reminders of the need for careful drafting in control transaction documentation and emphasise that implied rights and obligations are no substitute for express provisions.
31 July 2019

Unfair contract terms laws to be extended to insurance contracts

On 30 July 2019, the Government released exposure draft legislation in the Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill 2019 for consultation.
30 July 2019

CONSTRUCTION CONTRACT & CLAIMS MANAGEMENT PODCAST

In this podcast series, our Construction & Infrastructure Disputes experts discuss construction contract and claims management in the UK. The series covers common contentious issues arising from construction contract management and construction claims and explores the legal and practical do's...
29 July 2019

ACCC’s game changing digital platforms final report: 5 things you need to know

The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report , the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes account...
29 July 2019

Understanding the Administrative Appeals Tribunal (AAT) - Recommendations for Government Reform

Ian Callinan has made 37 recommendations for reform of the AAT.
29 July 2019

Challenges & Opportunities as CDR legislation nears enactment

Herbert Smith Freehills’ briefing on the progress of the Consumer Data Right ( CDR ) regime in Australia following the CDR Bill’s introduction into Parliament last Wednesday. Our briefing identifies key potential industry impacts, practical CDR issues and cross-sector CDR implications that...
29 July 2019

Consumer Data Regulation

The Consumer Data Right ( CDR ), a regime comprising legislation, rules and standards, is in the process of being implemented in Australia.