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Recent Articles

20 December 2019

New electricity network investments – there has to be a better way

For many years, electricity generators and retail business attracted much more attention than networks. That is changing as a bow wave of new network investment is demanded by the transition of the power system from large, baseload thermal plant providing strong system stability support to widely...
20 December 2019

ASIC consults on draft regulatory guide for design and distribution obligations

ASIC has released Consultation Paper 325 Product design and distribution obligations ( CP 325 ), on its proposals for guidance on the design and distribution obligations in Pt 7.8A of the Corporations Act 2001 (Cth) ( DDO ).
19 December 2019

The View from Brussels: Brexit - next steps and options to reconcile haste with ambition

Brexit now seems inevitable on 31 January 2020 but that is only the beginning of the process of defining a new relationship between the UK and the EU. Serious negotiations on that relationship will only start thereafter, hopefully as soon as February. In this View from Brussels, we look at how this...
18 December 2019

Top 10 Australian M&A predictions for 2020

Our annual top 10 Australian M&A predictions for the coming year are set out below. We also look back at how accurate last year’s predictions turned out to be.
18 December 2019

Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice

Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws ( RG 209 ), which landed on 9 December 2019 and is another significant development in the understanding of these laws.
18 December 2019

Australian M&A Podcast

On the new Herbert Smith Freehills Podcast channel, our experts discuss mergers and acquisitions issues in Australia.
17 December 2019

Design and distribution obligations: regulations made

The Government has made the Corporations Amendment (Design and Distribution Obligations) Regulations 2019 ( Regulations ), relating to the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 ( DDO ).
17 December 2019

Inside Tech Podcast

Advancements in technology, changing business models and the evolution of workforces, are transforming the global economy. Boards and business leaders need to prioritise digital transformation, cyber security and ethics, and embrace emerging technologies to remain competitive in the digital age. In...
16 December 2019

UPC latest news

12 December 2019

Australian Government responds to the ACCC Digital Platforms Inquiry

The Australian Government today released its response to the final report of the ACCC Digital Platforms Inquiry.
11 December 2019

Big data is transforming investigations

Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
11 December 2019

The end of common fund orders as we know them?

Since 2016, common fund orders have been made in a number of Australian class actions under a particular statutory provision of the Federal Court of Australia Act (s 33ZF) and its State-based equivalents.
11 December 2019

Real Estate. Reconsidered

The real estate sector has been at the centre of many of the most significant changes that are impacting the modern world. A decade ago the financial crisis shook our markets. However, the subsequent drive for diversification has led to an unprecedented period of cross-border investment and...
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...
10 December 2019

Capital controls in the UK?

Since the US Dollar departed from the gold standard in 1971 much of the world has abandoned or substantially relaxed capital and exchange controls. International trade and investment has grown dramatically since that time and it is acknowledged that open markets stimulate trade. The UK has been...