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...
03 November 2020
Australian Federal Government commits to Commonwealth Integrity Commission
In a long-awaited move, the Federal Government announced yesterday that it is committed to establishing a Commonwealth Integrity Commission ( CIC ), designed to strengthen existing Commonwealth integrity arrangements and create “a powerful new public sector watchdog”.
23 July 2020
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of any ‘physical damage’ to insured property, 1 which typically triggers the ‘business interruption’ ( BI ) coverage in the industry standard...
08 May 2020
COVID 19: People: Legislative protection against mandating use of the COVIDSafe App proposed (Australia)
To protect individuals from being required to download or use the COVIDSafe app, the Australian Government intends to introduce draft legislation with the Privacy Amendment (Public Health Contract Information) Bill 2020 (the Bill ). The Bill aims to “enshrine the determination’s privacy protections...
30 January 2020
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss. Despite the challenges, on 9 December 2019, the Supreme Court of NSW in Evans v Health Administration...
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...
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...
25 January 2023
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
24 January 2023
Global M&A Outlook 2023: Automotive Electric and digital revolutions still drive M&A
The automotive sector is currently experiencing two inflection points at the same time: an electric vehicle revolution, as the industry transitions from the internal combustion engine (ICE) to zero emission vehicles (ZEV) including battery electric vehicles (BEV) as part of the wider...
24 January 2023
Global M&A Outlook 2023: Consumer 2022 was a challenging year compared to 2021
M&A in the consumer sector slowed throughout 2022 as compared to the buoyant trends in 2021. Macro-economic issues and global headwinds have meant a tougher environment for consumers, particularly with record-breaking inflation adding to the cost of living and turning the screws on household...
23 January 2023
How hard is it? The Takeover’s Panel consults on guidance for exclusivity granted at the non-binding bid stage
Following two Takeovers Panel decisions that found pre-deal exclusivity and other deal protection arrangements to be unacceptable, the Takeovers Panel has now commenced consultation on proposed new guidance on deal protection granted in respect of non-binding proposals. Most importantly, the...
19 January 2023
Register of overseas entities - the countdown is on
The countdown for overseas owners of property in the UK to comply with the tightened register regime following the government's clampdown on economic crime is nearing its conclusion, with less than two weeks to go until the deadline for the submission of applications to Companies House (31 January...