Legal Briefings
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19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
Legal Briefings
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13 April 2018
Senate backs further foreign bribery reform: Senate Committee hands down report on Australia's Anti-Bribery regime
The long-awaited Senate Economics References Committee report into foreign bribery was released on 27 March 2018. The report recommends ways in which Australia’s foreign bribery framework can be strengthened.
Legal Briefings
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09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
Legal Briefings
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05 March 2018
The Temperature’s Rising on Corporate Crime in Australia: Expected Developments in 2018 and Implications for Business
Proposed Australian regulatory developments place a higher onus on Australian businesses to self-manage corporate crime risk, and to have in place robust systems to address ethics and compliance within their organisations.
Legal Briefings
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16 February 2018
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” covered by a professional indemnity policy, despite the fact that it was not unintentional.
Legal Briefings
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14 February 2018
The UK's access to the EU's preferential trade arrangements
The position of the UK under the EU's preferential trade agreements following Brexit is likely to become a major complicating factor in the negotiations. UK-based companies that rely on such agreements should be warned of the potential difficulties that may arise. The EU has approximately 60...
Legal Briefings
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12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
Legal Briefings
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29 January 2018
11 States Agree on Comprehensive and Progressive Agreement for Trans-Pacific Partnership
The Trans-pacific partnership has been resurrected with 11 Pacific nations reaching agreement in Japan to sign the revised deal, despite the United States’ withdrawal in early 2017.
Legal Briefings
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06 December 2017
Mining for transparency: Corruption risks in Australian mining approvals
A report published by Transparency International Australia in October 2017 outlines a number of vulnerabilities in the Western Australian and Queensland mining approvals processes that may enable corruption to occur.
Legal Briefings
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06 December 2017
Innovation: 5 key IP considerations in a rapidly changing landscape
Sophisticated innovative technologies have now become a key aspect of resources companies' success. Whether they cooperate with others or develop their technology in-house, businesses need to give careful consideration to their IP strategy, to ensure they obtain the rights they need, at the right...
Legal Briefings
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06 December 2017
Embracing big data and technology: Interaction with employment, IR landscape and privacy
“Big data” and the “internet of things” ( IoT ) are fundamentally transforming how resources businesses conduct their operations, and helping companies significantly improve productivity and safety. This article will briefly address the potential employment-related legal ramifications facing...
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20 April 2018
Northern Territory Government lifts moratorium on fracking
On 17 April 2018, following the release of the independent Scientific Inquiry into Hydraulic Fracturing of Onshore Unconventional Reservoirs in the Northern Territory on 27 March ( NT Fracking Inquiry Report ), the Northern Territory Government announced that it would support, or support in-...
Legal Briefings
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19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
Legal Briefings
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17 April 2018
Ipso facto law reform: public consultation commences on exceptions to the stay
On 16 April 2018, the Australian Federal Government ( Government ) launched a public consultation on proposed exceptions to the recently enacted stay on ipso facto clauses. These exceptions, which will be contained in a forthcoming declaration and regulations, will be critical to the operation of...
Legal Briefings
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17 April 2018
Belt and Road: Supporting the Resolution of Disputes
On 5 March 2018, the ICC Court announced the establishment of a commission to address dispute resolution in relation to China’s Belt and Road Initiative . The commission will drive the development of ICC’s existing dispute resolution procedures and infrastructure to support Belt and Road disputes.
Events
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17 April 2018
Connected and Autonomous Vehicles Conference, New York
Connected and autonomous driving technology presents a wide range of business opportunities, but the pace at which it is developing, combined with the evolving global regulatory landscape, poses a number of novel and challenging legal issues. Hailed by many as the new industrial revolution, the...
Legal Briefings
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16 April 2018
Future perfect: the rise of blockchain
It has been a decade since the invention of blockchain, the technology with the potential to disrupt industries and sectors far and wide. Yet it remains an area of confusion for many, with its application in the cryptocurrency sphere gaining a large part of the media’s focus, thanks to...
