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 July 2019
Mandatory human rights due diligence on the cards in the US?
On July 10, 2019, the U.S. House of Representatives Committee on Financial Services opened debate on the discussion draft of a bill that would require publically listed companies to conduct human rights due diligence and report on their findings and responses.
13 March 2019
The Foreign Influence Transparency Scheme has commenced: Are you required to register?
Australia’s “Transparency Register” under the Foreign Influence Transparency Scheme is now live, with the time to register arrangements in existence at the date of the Scheme’s commencement expiring on 10 March 2019. We look at the Scheme, which was designed to provide transparency over foreign...
30 June 2022
Asia-Pacific Competition Law Guide 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide. Since the previous edition of the guide and in the context of the changes brought about by the COVID-19 pandemic, competition authorities across the Asia-Pacific region have...
29 June 2022
Trust Companies see cyber security as key business risk
Our survey confirms that trust companies continue to see cyber security as a key business risk. This is in line with companies in other areas: in IBM's 25 th edition of "The CEO Study", drawn from interviews with 3,000 CEOs worldwide, CEOs ranked cyber risk as their greatest organisational...
27 June 2022
Australia’s new employee stock ownership plan disclosure exemptions present a stark choice
New reforms designed to expand access to employee equity and reduce red tape by removing disclosure and other regulatory requirements will come into force in October – but the reality is they will present companies with a stark choice when offering equity in Australia to employees.
23 June 2022
Trust Companies Survey 2022: Beneficiary Disputes
Respondents continue to identify Beneficiary Disputes (ie disputes between the trustee and one or more of the beneficiaries) as a significant challenge. However, trustees' primary concerns remain in other areas, with Beneficiary Disputes ranking as the sixth most pressing issue. In this article, we...