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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...
10 March 2020
Yes Minister - Proposed New powers to derogate from the NER
The National Electricity (Victoria) Amendment Bill 2020 ( Bill ) introduced by the Victorian Government on 18 February seeks to make it easier for the Minister to derogate from the National Electricity Rules ( NER ). So how will the Minister use their proposed new powers?
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...
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...
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...
27 March 2023
Merger arbitrage – the important role it can play in public M&A deals
We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023
Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter
The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
23 March 2023
Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law
The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We reflect on five recent ACCC speeches and announcements which have reiterated the...
21 March 2023
Restructuring, Turnaround and Insolvency in Asia Pacific 2023
Our 2023 edition of the Guide to Restructuring, Turnaround and Insolvency in Asia Pacific is a resource for corporates, financiers, creditors, funds, directors and other stakeholders exposed to financially distressed companies in the region.
20 March 2023
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
20 March 2023
2023 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement
The 2023 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes.
16 March 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...