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06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
27 July 2020
Amendments to Queensland’s security of payment regime
Amendments to Queensland’s Building Industry Fairness (Security of Payment) Act 2017 ( BIF Act ) have now passed, simplifying the project bank account framework and amending the rights and obligations of all parties involved in construction contracts in Queensland.
23 July 2020
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of any ‘physical damage’ to insured property, 1 which typically triggers the ‘business interruption’ ( BI ) coverage in the industry standard...
21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
21 July 2020
Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect misconduct by employees and customers that has gone undetected by a company’s own internal systems.
08 July 2020
Significant changes in effect in Queensland for resource authorities holders and large scale mining leases
Update: On 7 September 2020 key provisions of the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) ( the Amendment Act ) commenced. Resource authority holders should be aware that the changes introduced through the Amendment Act now apply to all direct transfers, change...
05 June 2020
Declarations extended for CQCN, Queensland Rail and DBCT services
The Queensland Treasurer and Minister for Infrastructure and Planning on 31 May 2020 declared Central Queensland Coal Network services ( CQCN services ), parts of the Queensland Rail service ( QR service ) and Dalrymple Bay Coal Terminal services ( DBCT services ) as services under sections 84-87...
26 May 2020
Australian Federal Government eases continuous disclosure rules
Yesterday, the Australian Federal Government modified the continuous disclosure provisions of the Corporations Act 2001 (Cth) ( Corporations Act ) in an effort to provide temporary relief to companies and officers for a six month period from today.
22 May 2020
COVID-19: Initial responses of certain African countries (Africa)
More than 2 months after the WHO declared the novel coronavirus a pandemic on 11 March 2020, the epicentre of the outbreak has shifted from Asia, where it first appeared in late 2019, to the USA, which still has the highest number of COVID-19 cases and deaths. While initial fears were focused on...
09 April 2020
Exploring Opportunities: Managing competition issues whilst allowing businesses to collaborate (Australia)
The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to authorise coordination as between competitors which might otherwise contravene provisions of the Competition and Consumer Act ( CCA ) .
20 March 2020
COVID-19: Pressure Points: Measures adopted by the Spanish Government for the energy sector (Spain)
In recent days the Spanish Government has approved a series of provisions to tackle the crisis caused by the COVID-19 outbreak. Those provisions adopt a set of measures that have differing impact on a number of business sectors.
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04 May 2022
INside Asia M&A Podcast
Our podcast series for private investors, corporates and intermediaries zeros in on Asia M&A trends, from regulatory and economic considerations to new opportunities in hot sectors. Our M&A experts also share their insights and advice for successful dealmaking across Asia's key markets.
03 May 2022
Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on a recent cryptocurrency case, Wang v Darby [2021] EWHC 3054 (Comm) , which applies established principles relating to trusts, proprietary injunctions and worldwide freezing...
02 May 2022
Scope of Australia’s anti-money laundering and counter-terrorism financing regime to be widened?
The impact of Australia's proposed anti-money laundering and counter terrorism financing (AML/CTF) regulation is likely to cause an increase in the regulatory and reporting requirements of the Gatekeeper Professions in addition to the upfront and ongoing costs of set up and maintenance.
28 April 2022
CORPORATE DEBT AND TREASURY REPORT 2022
ESG continues to climb up the corporate agenda despite muted economic outlook For the eighth consecutive year, our Corporate Debt team has surveyed and interviewed treasurers and other senior finance professionals over 80 large UK listed corporates (and equivalents) for our annual Corporate Debt...
27 April 2022
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, those products. A recent appeal court decision reinforces that, in the absence of a registered design, attempts to establish copyright in these...
22 April 2022
An election for the (w)ages
Just three years ago, the then ALP Leader, Bill Shorten, announced that the 2019 Election would be a “referendum on wages”. A raft of reforms were proposed by the Opposition, which were described to be key changes aimed at addressing flat wage growth. The “Change the Rules” campaign led by the...
21 April 2022
Trading Vehicles: Overview (United Arab Emirates)
Our UAE authors are pleased to have contributed to the Thomson Reuters Practical Law practice note, providing an overview of the key corporate features of different trading vehicles that are commonly used when setting up a business in the UAE. It includes an overview of sole establishments, and the...