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03 August 2021
Shipwrecked in the Federal Court: ACCC suffers comprehensive loss against NSW Ports
The Federal Court has handed down its decision in Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720, rejecting the ACCC’s case that the NSW State Government’s port privatisation process contravened the Competition and Consumer Act 2010 ( CCA )...
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...
10 March 2021
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration ( ACICA ) released the inaugural Australian Arbitration Report ( Report ). The Report analysed data obtained by ACICA and FTI Consulting in the inaugural Australian Arbitration Survey ( Survey ). The Survey collected...
12 May 2020
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. 1 In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
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...
01 March 2019
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event occurs, not when indemnity is declined and, as a result, a policyholder’s court proceedings which were commenced more than 6 years after the date of the...
08 November 2018
Second Wave of United States Sanctions Against Iran Re-Imposed
Following President Trump’s decision on May 8, 2018 to withdraw the United States from the Joint Comprehensive Plan of Action (“JCPOA”), the US government announced that it would re-impose pre-JCPOA nuclear-related Iran sanctions (both primary and secondary) that were lifted under the JCPOA. As we...
10 October 2018
ACCC orders port of Newcastle to reduce charges for Glencore
The Australian Competition and Consumer Commission has determined that Port of Newcastle Operations must reduce the current charge for ships entering the port carrying Glencore’s coal by around 20%. As the first substantive arbitration under the National Access Regime, the determination provides...
11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
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08 December 2022
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...
08 December 2022
'WALKING ON ICE' – WHY MARQUEE NET-ZERO PROJECTS WILL PUSH BUSINESS (AND LAWYERS) OUTSIDE THEIR COMFORT ZONES
In the final part of our Decarbonising Cities series, we explore the interplay between evolving legal frameworks and the commercial realities of firms delivering post-carbon cities. How can lawyers facilitate projects evolving faster than precedent?
07 December 2022
The Australian Government passes Secure Jobs, Better Pay Act 2022: What it means for your business
On 2 December 2022, the landmark Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) passed both houses of Parliament. On 6 December 2022, the Bill received royal assent and became the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Act).
07 December 2022
Hiswara Bunjamin & Tandjung advises on eighth successful toll road transaction in three years
Leading Indonesian law firm Hiswara Bunjamin & Tandjung , in association with Herbert Smith Freehills , has advised Hong Kong-listed Road King Infrastructure Limited (HKEX: 1098) on its successful acquisition of a minority interest in the Semarang-Batang section of the Trans Java Toll Road with...