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Legal Briefings | 13 April 2017

Environmental laws trump Linc Energy creditors

Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in...
Legal Briefings | 13 April 2017

Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’

Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s environmental laws, which means that the liquidators are required to use available funds to cause the company to comply with its environmental...
Legal Briefings | 13 April 2017

Mediating Commercial Disputes: A Call to Action in Hong Kong

Mediation has failed to flourish in Asia like arbitration, despite earlier market predictions. Julian Copeman, Mai Tai and Anita Phillips discuss the results of recent client research on commercial mediation and the outputs of the Hong Kong Global Pound Conference to assess what is required to...
Legal Briefings | 12 April 2017

Proposed changes to Australia's foreign bribery offence: Government releases paper

On 4 April 2017, the Australian Government released a public consultation paper on ' Combatting bribery of foreign public officials: Proposed amendments to the foreign bribery offence in the Criminal Code Act 1995' ( Consultation Paper ).
Legal Briefings | 12 April 2017

Policyholders may still secure cover despite non-disclosure

If a policyholder fails to disclose information they could reasonably be expected to know to be relevant to the risk for which they are seeking insurance, the insurer may reduce its liability in the claim to the extent it has been prejudiced by the non-disclosure.
Legal Briefings | 12 April 2017

Reciprocal free trade agreements and the related World Trade Organization rules.

The government has announced that it intends the UK to become a “global Britain” following its exit from the EU, with the negotiation and conclusion of new free trade agreements (FTAs) with third countries high on the UK’s agenda.
Legal Briefings | 11 April 2017

Deferred Prosecution Agreements coming soon: Government releases paper on an Australian scheme

On 31 March 2017, the Australian Government released a public consultation paper on ' Improving enforcement options for serious corporate crime: a proposed model for a Deferred Prosecution Agreement scheme in Australia ' ( Consultation Paper ).
Legal Briefings | 11 April 2017

Proposals for ‘significant’ reforms to breach reporting regime for AFS licensees

Treasury has released a consultation paper in relation to proposed reforms to the self-reporting regime for Australian financial services licensees ( AFS licensees ) under the Corporations Act 2001 (Cth) ( Act ).
Legal Briefings | 11 April 2017

EUROPEAN PRIVATE EQUITY REVIEW SPRING 2017 EDITION

In the Spring 2017 edition of the Herbert Smith Freehills European Private Equity Review we highlight legal developments with particular significance for European financial sponsors and share our experience of trends across the European private equity landscape and opportunities for potential...
Legal Briefings | 11 April 2017

The Monetary Authority of Singapore Introduces Framework for a Singapore Variable Capital Company (S-VACC)

On 23 March 2017, the Monetary Authority of Singapore ( MAS ) released a consultation paper on the proposed framework for Singapore Variable Capital Companies ( S-VACC ), which is a new type of legal entity to structure investment funds in Singapore. This is the first time that Singapore has made...
Legal Briefings | 10 April 2017

STATE AID CONTROL IN A POST-BREXIT UK

Whilst there has already been sustained debate as to numerous aspects of the possible new legal order in the UK post-Brexit, there has been relatively little discussion thus far as to the future of the EU State aid rules. This article seeks to fill this space and rather than simply sketching out...
Legal Briefings | 07 April 2017

Take care when it comes to policy conditions

Australian Courts have previously made clear that there is a heavy burden of proof and a number of obstacles for an insurer to decline a claim on the basis that the policyholder failed to take precautions to prevent a loss.
Legal Briefings | 07 April 2017

因钱款提起的衡平诉讼类推适用6年的诉讼时效

香港原讼法庭认为,《时效条例》(第347章)第4(2)条规定的六年诉讼时效类推适用于公司因董事获得的公司资产对其董事提起的衡平诉讼。这非常重要,否则该类诉讼没有特定的诉讼时效,“延误”这一一般衡平法原则将适用。
Audio and Video | 06 April 2017

Madrid video updates: Importancia de los programas de compliance en los procedimientos sancionadores por infracción de normas de la competencia

Legal Briefings | 06 April 2017

UK Government pushed to impose a corporate duty to prevent human rights abuse

The UK Parliament’s Joint Committee on Human Rights latest report on Human Rights and Business has urged the Government to introduce new legislation and to take stronger enforcement action to prevent business-related human rights abuses.