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01 March 2022
Take 2: What the Alp’s Agenda may mean for WA’s mining sector this time
Three years ago, before the last Federal election, we published an article about what the ALP’s agenda, which was lengthy, detailed and ambitious, might mean for WA’s mining sector. Of course, the coalition were ultimately successful at retaining government, and so we never got to see this agenda...
24 December 2021
The Growing Importance of Social Loans for Project Finance
The last five years has seen a global boom in sustainable financing, primarily driven by green loans and bonds, and sustainability linked loans (SLLs). Growth in this area has been linked to a desire to align financing transactions with a broader imperative to improve the environmental impact of...
11 November 2021
Sustainable Innovation Forum at COP26: Rethinking Corporate Purpose
As part of COP26, the Sustainable Innovation Forum (8-10 November 2021) is a world class, high level summit to identify the breakthrough innovation and technologies that can be deployed and scaled now, and the importance of public–private partnerships and finance.
11 June 2021
Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement
The Federal Court’s decision in AGL v Greenpeace 1 confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses...
26 May 2021
Australian Consumer Law marks 10 years with some large penalties
The Australian Consumer Law marked its tenth anniversary on 1 January 2021. Some belated presents were recently delivered in the form of the confirmation of, and the handing down of, Australia’s two largest ever penalties for contraventions of the Competition and Consumer Act 2010 (Cth) ( CCA ).
29 April 2021
Scottish independence: implications for Great Britain’s single energy market, renewables and net zero
The prospect of a second independence referendum, like the first in 2014 (see our Routes and obstacles to a second Scottish independence referendum briefing), raises a number of issues for Great Britain’s single integrated energy markets for electricity and gas. This briefing takes an initial look...
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...
04 March 2021
ESMA FINAL REPORT ON ARTICLE 8 OF THE EU TAXONOMY REGULATION
On 1 March 2021 the European Securities and Markets Authority ( ESMA ) published its Final Report on advice under Article 8 of the Taxonomy Regulation. The Final Report outlines the information that non-financial undertakings and asset managers need to provide to comply with their disclosure...
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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...
16 September 2022
Raising Capital in Uncertain Times
In this webinar Partners Paul Apathy and Clayton James, with our co-Head of Venture Capital Elizabeth Henderson and special Guest Panel Member Marcus Derwin, Managing Director, R Cubed, reflected on the current market for expansion capital raising and how founders, companies and investors can...
15 September 2022
HSF Explains: The Merge - A green crypto revolution or more hype?
This week one of the dominant blockchains Ethereum undertakes 'The Merge': a high-stakes move to a new platform, slashing its vast energy use and paving the way for major upgrades. HSF digital law expert Alex Cravero explains the impact and separates crypto from cryptic
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...
12 September 2022
Calling all shareholders: Australian Court rejects CEO’s call script for a scheme of arrangement
An Australian Court has refused to allow one-on-one communications initiated by a CEO to shareholders in respect of a scheme of arrangement, despite the proposed use of a script for the call.
12 September 2022
Virtus 03: On market acquisitions during a bid
The Australian Takeovers Panel in Virtus 03 addressed the lack of clarity regarding the steps a bidder should take in relation to an on-market acquisition of shares at a price different from the bid price – should the precise price be disclosed to the market prior to making such acquisition, or not?
12 September 2022
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...