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02 September 2019
One Step Forward for Battery-powered Electric Vehicles in Indonesia
On 8 August 2019, Indonesia’s President signed the country’s first regulation on electric vehicles – Presidential Regulation No. 55 of 2019 on the Acceleration Program for Battery-powered Electric Vehicles for Road Transportation (“ PR 55/2019 ”). PR 55/2019 reflects the government’s twin ambitions...
16 August 2019
NSW Modern Slavery – opportunity to provide input
In June 2018, the Parliament of New South Wales passed the NSW Modern Slavery Act , ahead of the Commonwealth Modern Slavery Act which passed in December 2018. However, the NSW Modern Slavery Act is yet to commence and it has been reported that the NSW Special Minister of State had received advice...
04 July 2019
Depreciation is not to be deducted as a “saving” in calculating business interruption claims
Whether a reduction in non-cash costs such as depreciation following insured damage amounts to a “saving” to the policyholder which is to be deducted from insured Gross Profit in calculating business interruption losses is an issue which has been debated by claims professionals for many years. The...
29 May 2019
Irony and the opportunity for generational reform of Australia’s Workplace Laws
There is some irony that the party which entered the 2019 federal election campaign with no IR policy now has the chance of a generation to make enduring and significant change to improve Australia’s IR system for employees and employers alike.
21 May 2019
A new Aboriginal heritage system for WA
In March 2019, the Minister for Aboriginal Affairs released a discussion paper outlining proposals for reforming the Aboriginal Heritage Act 1972 (WA) ( Discussion Paper ). The 31 May 2019 date for lodging a submission in response to the Discussion Paper is fast approaching. Any person with land or...
16 May 2019
A mega boost for the mega projects of the future
At a business breakfast in Perth on Wednesday 15 May, Bill Shorten announced an important policy the ALP will pursue if it achieves Government after this weekend’s election. The initiative will enable greenfield enterprise agreements to be struck for a period which covers the whole of the...
09 May 2019
“All is fair in love and war” – but what about in industrial relations?
It was once said (and many times repeated) that “[t]he adage ‘‘all is fair in love and war’’ is… as much applicable to industrial warfare as to any other type.” In other words, industrial relations is (or at least has traditionally been) a battle ground where parties have been largely free to...
08 May 2019
Industrial Relations Law Reform Agenda
Having difficulty cutting across the campaigning to focus on the actual policies of each party? Herbert Smith Freehills have prepared and continually updated a broad summary of the proposed industrial relations reforms publicly announced by the Liberal Party and the Australian Labor Party ( ALP ).
03 May 2019
After the Election: changes to safety right of entry?
The paucity of detail on the ALP’s law reform agenda in respect of right of entry could mean one of two things. No significant reform is planned, or details of proposed reforms will not be released until after the election. We expect the latter is more likely.
24 April 2019
What the ALP’s agenda may mean for WA’s mining sector
After a number of years in the doldrums, 2018 saw the WA mining and resources sector turn a corner. A number of significant projects were commenced or announced and there is a palpable buzz in the air (although there is an almost universally acknowledged but unspoken agreement that no-one will use...
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15 November 2019
The Lloyds/HBOS litigation: The first shareholder class action judgment in England & Wales
The first judgment in a shareholder class action in England & Wales has been handed down by the High Court today in Sharp v Blank [2019] EWHC 3078 (Ch) (also known as The Lloyds/HBOS litigation ).
14 November 2019
Employees’ consent to data processing soon to be made electronic under German data protection law
When it comes to employment-related data processing, employers in Germany are regularly required to obtain consent from their employees by seeking their wet ink signature to be on the safe side. This additional administrative burden may soon be a thing of the past according to the recently approved...
13 November 2019
One year of Model Declaratory Action in Germany – taking stock and outlook
Fuelled by revelations consequent of the Volkswagen diesel emissions technology cases, the German legislator hastily introduced a new law on Model Declaratory Action ( Musterfeststellungsklage ). This denotes an important step by the German legislator into the direction of collective redress in B2C...
12 November 2019
Beneficial Ownership – Implementation, Supervision and Sanctions
If you only hold minority shares in a company, can you be considered a beneficial owner of that company from an Indonesian regulatory perspective? If the answer is “yes,” should your name be reported to the Indonesian authorities? Up to what level of ownership is a company required to disclose the...
12 November 2019
Casting the regulatory net over virtual assets – SFC finalises new regulatory framework for virtual asset trading platforms
On 6 November 2019, the Security and Futures Commission ( SFC ) issued a position paper setting out a new regulatory framework for the licensing of centralised virtual asset trading platforms, following the SFC’s conceptual framework issued last year.
08 November 2019
Seeking closure: how to minimise deal disruption
Mergers and acquisitions are increasingly taking longer to close. This is due in large part to the rapid rise in the number of antitrust regimes around the world and the increased willingness of antitrust regulators to intervene in transactions. Protracted deal timetables also mean that a...
06 November 2019
Abu Dhabi Global Market issues new employment regulations
The Abu Dhabi Global Market (" ADGM ") has issued new employment regulations (the " New Regulations "), which will come into effect on 1 January 2020 and repeal the existing 2015 employment regulations (the " 2015 Regulations "). The New Regulations can be read in full here . This follows hot on...
06 November 2019
To infinity and beyond: The Fairness Doctrine
The implications of the recent Full Federal Court decision in ASIC v Westpac Securities Administration Limited [2019] FCAFC 187 ( ASIC v Westpac ) are far-reaching for the financial services industry. The case is, of course, a significant development in the laws concerning the parameters of general...
