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05 September 2019
Industry engagement essential to success of ‘gateway’ model for energy sector CDR
The ACCC’s selection of a ‘gateway’ model as the preferred data access model for implementation of the Consumer Data Right ( CDR ) in the energy sector is anticipated to align to the preferences of incumbent energy sector participants, but may not fully meet the expectations of potential new market...
02 September 2019
One Step Forward for Battery-powered Electric Vehicles in Indonesia
On 8 August 2019, Indonesia’s President signed the country’s first regulation on electric vehicles – Presidential Regulation No. 55 of 2019 on the Acceleration Program for Battery-powered Electric Vehicles for Road Transportation (“ PR 55/2019 ”). PR 55/2019 reflects the government’s twin ambitions...
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...
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...
21 May 2019
A new Aboriginal heritage system for WA
In March 2019, the Minister for Aboriginal Affairs released a discussion paper outlining proposals for reforming the Aboriginal Heritage Act 1972 (WA) ( Discussion Paper ). The 31 May 2019 date for lodging a submission in response to the Discussion Paper is fast approaching. Any person with land or...
06 May 2019
The Australian Domestic Gas Market - A Tale of Two Coasts
The Australian Energy Market Operator’s ( AEMO ) December 2018 Western Australian Gas Statement of Opportunities and the March 2019 Gas Statement of Opportunities for Eastern and South-Eastern Australia provides a stark comparison between either side of the country. While it might be easy to point...
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18 September 2019
The long arm of regulation: responding to cross-border financial services investigations
Financial services firms conduct their business activities across markets and borders, often performing services and holding data in locations other than those in which they interact with their clients. Over a decade after the financial crisis, their regulators remain under sustained public and...
18 September 2019
DISPUTE RESOLUTION IN THE ERA OF BIG DATA AND AI
Be it machine learning, natural language processing, augmented analytics or distributed ledger technology (aka blockchain), new technologies are revolutionising the way in which business is done in every industry. In order to leverage the benefits of these disruptive technologies, businesses are...
17 September 2019
CJEU refuses UK HC's request for preliminary ruling on SPC applications based on third-party MAs, on account of referred question being "hypothetical" (C-239/19 Eli Lilly v Genentech)
On 5 September 2019, the Ninth Chamber of the CJEU refused a request for referral in relation to the interpretation of Article 3(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
11 September 2019
Class Actions in Australia: Emerging Trends
There have been a range of developments in the class actions landscape over the past year. The Australian Law Reform Commission completed its review of class action proceedings and third party litigation funding, an appeal is pending in the High Court of Australia on common fund orders and the...
10 September 2019
Using Decision Analysis to evaluate a settlement offer
Using Decision Analysis to evaluate a settlement offer The HSF Decision Analysis team brings together highly numerate disputes lawyers to build decision tree models and help clients quantify, visualise and better understand legal risks in their disputes. This service has brought new insights to...
10 September 2019
'Mega-fines' and compensation – how might companies be affected? Developments in Data Protection Law September 2019
In this update, we provide you with a brief summary of two recent developments in relation to sanctions imposed under the General Data Protection Regulation ("GDPR"). Firstly, the Berlin Data Protection Authority ("Berlin DPA") recently announced its willingness to impose multimillion-euro fines...
06 September 2019
Classic cross-border cooperation: joint court hearings in the Halifax insolvency
On 22 August 2019, the Federal Court of Australia ( FCA ) held that it could make a request to the New Zealand High Court ( NZHC ) that there be a joint hearing of those courts in respect of applications relating to the pooling of various funds held by companies subject to Australian and New...
06 September 2019
FATF and APG publish long-awaited mutual evaluation report on Hong Kong
Following the Financial Action Task Force ( FATF ) and the Asia/Pacific Group on Money Laundering’s inspection of Hong Kong in October and November 2018, their much anticipated Mutual Evaluation Report ( Report ) on Hong Kong was published on 4 September 2019. Our previous bulletin on 25 June 2019...
