Sort by
26 March 2020
The Fairness Doctrine: A Return to the Status Quo?
In October 2019, the Full Federal Court decision in ASIC v Westpac Securities Administration Limited [2019] FCAFC 187 ( ASIC v Westpac ) raised questions about the scope of the obligation on AFS licensees to act efficiently, honestly and fairly. Less than 6 months later, the Federal Court’s...
22 November 2019
CDR: Challenges and Opportunities in the Superannuation Sector
The Senate Select Committee on Financial Technology and Regulatory Technology (the Committee ) is considering the current and future government approach to FinTech and RegTech in Australia, and is inviting submissions until 31 December 2019.
06 November 2019
To infinity and beyond: The Fairness Doctrine
The implications of the recent Full Federal Court decision in ASIC v Westpac Securities Administration Limited [2019] FCAFC 187 ( ASIC v Westpac ) are far-reaching for the financial services industry. The case is, of course, a significant development in the laws concerning the parameters of general...
09 October 2019
The hidden legal risks in Australian super fund mergers
The contemporary resurgence of super fund mergers presents a material risk of claims against directors of super fund trustees, if trustees are not undertaking appropriately sophisticated diligence exercises that take account of the complexity of modern portfolios.
09 October 2019
A leadership role for super funds in solving Australia’s energy trilemma?
On 29 June 2019, Industry Super Australia ( ISA ) released its Modernising Electricity Sectors Discussion Paper (the Paper ) 1 which seeks to assist super funds in understanding and navigating the regulatory uncertainty in investing in the Australian electricity sector. More specifically, it aims “...
28 May 2019
Australian Federal Election Reforms Podcast
As part of Herbert Smith Freehills’ series on the employment and industrial relations reforms leading up to the Australian federal election, the inaugural podcast focuses on the Australian Labor Party’s policy platform. Future podcasts will focus on specific subject areas in more details.
08 April 2019
Superannuation Fund Governance Post-Hayne: Part Three
The purpose of super, community expectations and the interests of members The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was charged with inquiring into, and reporting on, ‘whether any conduct of financial services entities might have amounted to...
19 March 2019
Superannuation Fund Governance Post-Hayne: Part Two
Conduct and Culture The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was charged with inquiring into, and reporting on, ‘whether any conduct of financial services entities might have amounted to misconduct and whether any conduct, practices,...
22 February 2019
Superannuation Fund Governance Post-Hayne: Part One
Institutional Structures The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was charged with inquiring into, and reporting on, ‘whether any conduct of financial services entities might have amounted to misconduct and whether any conduct, practices,...
Loading Results
Loading
Hubs
Recent Articles
27 June 2023
ILS 6th Annual Conference on Energy Arbitration & Dispute Resolution in MEA, hosted by International Law Summits & Herbert Smith Freehills LLP
ILS’s 6th Annual Conference on Energy Arbitration and Dispute Resolution in the Middle East and Africa will take place on 27th and 28th June 2023. The event is organised in association with Herbert Smith Freehills and will take place in person at our London office, and will examine the economic,...
01 June 2023
UPC: Mediation and Arbitration
The Patent Mediation and Arbitration Centre (PMAC) forms part of the Unified Patent Court (UPC). Its rules of operation are available here . It operates independently, but carries out its tasks in close contact and cooperation with the committees/bodies of the UPC which will have to take decisions...
01 June 2023
UPC Costs
The value of a case before the UPC will be determinative of court fees and the applicable ceilings for recoverable costs. The UPC Administrative Committee has published guidance on the determination of the value of a case before the UPC , alongside guidance on the scale of ceilings for recoverable...
01 June 2023
How to get a Unitary Patent
Also termed the European patent with unitary effect, the unitary patent (UP) is a single patent right covering all the states that have taken part in the enhanced cooperation procedure to create the right and fully ratified the UPC Agreement (UPCA). UPs are available now the UPC is operational to...
01 June 2023
UPC: Jurisdiction and opt-out
After the transitional period (of at least 7 years), as well as having exclusive jurisdiction over unitary patents, the UPC will have exclusive jurisdiction over all EPs designated to UPC participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC will also...
01 June 2023
The UPC Rules
The final version of the Rules of Procedure of the Unified Patent Court (also available in French and German ) came into force on 1 September 2022. One of the most significant changes from earlier drafts was to opt-out procedures, as well as changes to restrict access to pleadings where previous...
01 June 2023
UPC Structure – local, regional and central divisions and Court of Appeal
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules .