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28 October 2022
Court of Appeal provides guidance on application of Australian proportionate liability legislation to arbitration
A recent decision of the South Australian Court of Appeal, Tesseract International Pty Ltd v Pascale Construction Pty Ltd  SASCA 107 ( Tesseract ), confirmed that the proportionate liability legislation it was required to consider is not available to be applied in an arbitration, unless...
28 October 2022
Should your business worry about Microsoft Teams, Slack (etc) and legal professional privilege? Answer: it depends
More than 400 years after legal professional privilege was established, in August 2013, the word “Slack” entered our lexicon and we learnt about collaboration applications at scale.
27 October 2022
ACCC proposals on regulatory reform for digital platforms expected soon
Digital platforms remain squarely on the agenda of the Australian Competition and Consumer Commission ( ACCC ), as the five-year Digital Platform Services Inquiry continues, with its biggest report yet due to land any moment.
13 October 2022
Regulatory approvals as conditions subsequent in Australian schemes of arrangement
In appropriate contexts, the conversion of outstanding conditions precedent in respect of regulatory approvals to ‘conditions subsequent’ may offer a practical way for a Scheme to proceed on a more accelerated timeline.
06 October 2022
Near enough is good enough: Full Federal Court of Australia revisits construction of “about” in patent claim
In the area of patent law, clarity is king. Where precision of language is essential for defining the limits and scope of legal rights, the acceptance within Australia of unbounded terms such as “about” in patent claims (unlike other major jurisdictions such as Europe) seems almost anomalous.
30 September 2022
Latest developments - Creating a National Anti-Corruption Commission: What does it mean for business?
On 28 September 2022, the Australian Labor Party introduced the National Anti-Corruption Commission Bill 2022 to federal parliament, fulfilling one of its key promises from the federal election earlier this year.
16 September 2022
Raising Capital in Uncertain Times
In this webinar Partners Paul Apathy and Clayton James, with our co-Head of Venture Capital Elizabeth Henderson and special Guest Panel Member Marcus Derwin, Managing Director, R Cubed, reflected on the current market for expansion capital raising and how founders, companies and investors can...
13 September 2022
Supreme Court of NSW clarifies the nature and extent of the duty of care owed by building practitioners: What you need to know
The Design and Building Practitioners Act 2020 (NSW) ( DBP Act ) commenced just over two years ago. A significant feature of the DBP Act is the statutory duty of care it created, which provides that persons who carry out construction work have a duty to exercise reasonable care to avoid economic...
12 September 2022
Calling all shareholders: Australian Court rejects CEO’s call script for a scheme of arrangement
An Australian Court has refused to allow one-on-one communications initiated by a CEO to shareholders in respect of a scheme of arrangement, despite the proposed use of a script for the call.
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,...
15 March 2023
Inside arbitration: Spotlight interview: Tom Furlong
Tom has spent much of his career with the firm in Asia, moving from Hong Kong to Singapore in 2019, where he was promoted to partner. Tom works on Asia-related disputes particularly for private capital, energy and tech/telco clients. From Singapore, his work regularly involves clients or...
15 March 2023
Inside Arbitration: Spotlight interview: Elaine Wong
Elaine is a partner whose career epitomises what it means to work in international arbitration. Qualified in England and Singapore, she has spent time in Paris and Tokyo, and worked for the last three years in Singapore. In January, she re-joined our team in Japan, where she continues to act as...
15 March 2023
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.