30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
18 December 2019
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws ( RG 209 ), which landed on 9 December 2019 and is another significant development in the understanding of these laws.
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...
04 July 2019
Depreciation is not to be deducted as a “saving” in calculating business interruption claims
Whether a reduction in non-cash costs such as depreciation following insured damage amounts to a “saving” to the policyholder which is to be deducted from insured Gross Profit in calculating business interruption losses is an issue which has been debated by claims professionals for many years. The...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
27 March 2018
UK GOVERNMENT AGREES ELEMENTS OF THE EUROPEAN COMMISSION’S PROPOSALS FOR POST-BREXIT PROTECTION OF EU-WIDE IP RIGHTS IN THE UK
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (...
14 February 2018
The UK's access to the EU's preferential trade arrangements
The position of the UK under the EU's preferential trade agreements following Brexit is likely to become a major complicating factor in the negotiations. UK-based companies that rely on such agreements should be warned of the potential difficulties that may arise. The EU has approximately 60...
12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
05 February 2018
Brexit 'The view from Brussels' – developments in January
January was dominated by the strikingly public discussion of the content of the next supplement to the negotiating guidelines that the European Council finally adopted on 29 January. We discuss some features of these guidelines and their significance for the negotiations below. There was also much...
29 November 2017
Publicado el Real Decreto-Ley en materia de divulgación de información no financiera
El pasado sábado se publicó en el Boletín Oficial del Estado el Real Decreto-ley 18/2017, de 24 de noviembre, por el que se modifican el Código de Comercio, el texto refundido de la Ley de Sociedades de Capital aprobado por el Real Decreto Legislativo 1/2010, de 2 de julio, y la Ley 22/2015, de 20...
01 November 2017
The view from Brussels – Brexit negotiations – Developments in October
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.
16 June 2017
High Court dismisses appeals: Finds that air cargo price fixing arrangements involved a market in Australia
On 14 June 2017, the High Court of Australia unanimously dismissed the appeals by each airline in Air New Zealand Ltd v Australian Competition and Consumer Commission; PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission  HCA 21.
03 May 2017
More flexibility to threaten IP proceedings under new Unjustified Threats legislation
Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right to bring an action against the threatener by any person aggrieved by the threat, who may not necessarily be the person directly threatened...
10 October 2022
HSF PROUD GOLD SPONSORS AT THE LONDON CONFERENCE ON INTERNATIONAL LAW: 10-11 OCTOBER 2022
The London Conference on International Law will be taking place at the QEII Centre, London, on Monday 10 October and Tuesday 11 October 2022. This year’s conference will focus on ‘States in Emergency – International Law at a Time of Reckoning’ .
06 October 2022
Near enough is good enough: Full Federal Court of Australia revisits construction of “about” in patent claim
In the area of patent law, clarity is king. Where precision of language is essential for defining the limits and scope of legal rights, the acceptance within Australia of unbounded terms such as “about” in patent claims (unlike other major jurisdictions such as Europe) seems almost anomalous.
30 September 2022
Latest developments - Creating a National Anti-Corruption Commission: What does it mean for business?
On 28 September 2022, the Australian Labor Party introduced the National Anti-Corruption Commission Bill 2022 to federal parliament, fulfilling one of its key promises from the federal election earlier this year.
29 September 2022
Africa’s competitive edge as a clean hydrogen hub
The following article by Nina Bowyer, a partner based in our Paris office and the co-Head of the firm’s Africa Practice Group, and Barbara McNulty, an associate based in our London office, was first published by Africa Oil Week (AOW) ahead of AOW 2022, taking place in Cape Town in October 2022...
28 September 2022
Trust Companies Survey 2022: ESG and Trusts
ESG is one of the most common phrases we hear these days in investing circles and trusts and trustees are not untouched by the increasing focus on Environmental, Social and Governance investment criteria. However, trustees may not feel as free as private individuals to apply ESG screens to their...
21 September 2022
The EU Foreign Subsidies Regulation: Substantive Assessment Issues and Open Questions
The EU Institutions have now reached agreement in relation to the new Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market.
21 September 2022
The third age looms – Why impact will shape the next generation of sustainable finance
Although one of the most touted investment trends, impact investing remains plagued by misconceptions and regulatory confusion. We look back over the three eras of sustainable investing and argue impact will unlock a new ambition for progressive finance.
20 September 2022
Japan Publishes Guidelines on Corporate Human Rights Due Diligence
On 13 September 2022, the Japanese government ( Government ) published its Guidelines on Respecting Human Rights in Responsible Supply Chains ( Guidelines ) (available in Japanese here ). The Guidelines set out how businesses active in Japan should address the human rights risks arising in their...