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17th April 2014

The High Court signals end of Jireh debate and reads “reasonable endeavours” obligation broadly

17th April 2014

By Elisabeth Peden

The High Court decision in Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 is of interest in relation to the commercial interpretation of contracts generally and specifically the use and meaning of “reasonable endeavours” or “best endeavours (or efforts)” clauses in contracts (which are generally considered the same).

16th April 2014

Let the chips fly! Competition Policy Review releases its Issues Paper and Review timetable

16th April 2014

By Morelle Bull, Gina Cass-Gottlieb, Matt Rubinstein, Luke Woodward

The Competition Policy Review Panel led by Professor Stephen Harper has now released its Issues Paper and is calling for submissions by 10 June 2014.

15th April 2014

ACCC seeks comments on revised Immunity Policy for Cartel Conduct

15th April 2014

By Katie Price, Genevieve Rahman, Simon Snow

On 9 April 2014 the Australian Competition and Consumer Commission released a draft version of the immunity and co-operation policy for cartel conduct and Frequently Asked Questions regarding the Policy for public comment. Comments are due by 7 May 2014 to immunityreview@accc.gov.au.

14th April 2014

Internal investigations and legal professional privilege – don’t get caught in the grey zone

14th April 2014

By Angela Ha, Rani John

By their very nature, reports of internal investigations can contain material which be extremely damaging in any subsequent litigation. Recent decisions in the US and the UK provide a timely reminder that legal professional privilege only attaches to communications when strict criteria are met, and that reports of internal investigations will often fail the test unless careful precautions have been taken. Click here for more on those cases, and some tips to maximise the ability to claim privilege in this context.

8th April 2014

Flight Centre fined $11 million for cartel attempts

8th April 2014

By Simon Snow

Simon Snow discusses the $11 million penalty for attempted price fixing and the implications for business.

4th April 2014

The High Court has the last word on misleading or deceptive claims in TV advertising cases: ACCC v TPG Internet Pty Ltd

4th April 2014

By Michael Cooley

In Australian Competition and Consumer Commission (ACCC) v TPG Internet Pty Ltd (TPG), the High Court of Australia, by majority, found for the ACCC on its appeal against TPG for alleged contraventions of the Trade Practices Act 1974 (Cth) and, following its passage into law, the Australian Consumer Law. This was first published in Competition and Consumer Law News (2014) (30)2.

2nd April 2014

Sound and fury meets privacy: the ALRC and a statutory cause of action for invasion of privacy

2nd April 2014

By Peter Leonard

TMT Partner Peter Leonard analyses the Australian Law Reform Commission’s Discussion Paper on Serious Invasions of Privacy in the Digital Era (released 31 March).

1st April 2014

Court imposes $11 million penalty on Flight Centre for attempted price-fixing

1st April 2014

By Andrew Low, Simon Snow, Andrew Willekes

On 28 March 2014, Justice Logan of the Federal Court of Australia ordered Flight Centre to pay a total of $11 million (in civil penalties) for attempted price fixing in ACCC v Flight Centre Limited (No 3) [2014] FCA 292.

31st March 2014

Harper Review 2014 – Appointment of Review Panel and Final Terms of Reference

31st March 2014

By Gina Cass-Gottlieb, Matt Rubinstein, Luke Woodward

On 27 March 2014 the Minister for Small Business, Bruce Billson MP, announced the appointment of the Review Panel that will oversee what had been referred to as the ‘root and branch’ competition review, but will be known to history as the Harper Review.

31st March 2014

Third edition of the Corporate Governance Principles and Recommendations released

31st March 2014

By Julie Athanasoff, Mindy Bonomelli, Rachel Launders

The ASX Corporate Governance Council has released the third edition of its Corporate Governance Principles and Recommendations. Read here for the key changes.

24th March 2014

Corporate Advisory Update March 2014

24th March 2014

By Jane Hogan, Rachel Launders, Sally Randall

This update provides a summary of key recent legal developments, particularly relevant to in-house counsel.

24th March 2014

Enforcement of Foreign Bribery Laws in Australia

24th March 2014

By Rani John, Genevieve Rahman

Regulatory enforcement specialists Rani John and Genevieve Rahman examine how the Proceeds of Crime Act 2002 can magnify the risks connected with foreign bribery, and the implications for individuals and corporations. Click here to access the white paper and video cast.

19th March 2014

Pushing boundaries – anticompetitive conduct relating to the expiry of patents and the use of loyalty discounts

19th March 2014

By Lydia Adkins, Charles Coorey, John Lee, Simon Snow

In February 2014, the ACCC brought Federal Court proceedings against Pfizer Australia for alleged misuse of market power and exclusive dealing in relation to its previously patent protected cholesterol lowering drug, “atorvastatin” (both its originator brand “Lipitor” and its generic atorvastatin product). Lipitor was for some years Australia’s highest selling prescription medicine under the Pharmaceutical Benefits Scheme.

18th March 2014

Making the leap to the cloud

18th March 2014

By Tim Gole

TMT partner Tim Gole explores the challenges around escalating email infrastructure and storage requirements and potential security risks when using external cloud solutions. This article was first published on cio.com.au.

14th March 2014

Native Title client alert

14th March 2014

By Fionn Bowd, Mark Gerus, Christine Lovitt, Emma McLeod

In this alert we discuss the High Court’s native title decision in the State of WA v Alexander Brown & Ors and the proposed amendments to the Native Title Act 1993 (Cth).

11th March 2014

The State of Convergence Regulation in Australia

11th March 2014

By Peter Leonard, Ewan Scobie

After three years of turmoil in Australian media policy, as at March 2014 a clearer view is emerging as to the likely future course of Australian media regulation. TMT lawyers Peter Leonard and Ewan Scobie comment on the state of convergence regulation in Australia.

10th March 2014

Getting the Deal Through – 2014 Private Equity Funds

10th March 2014

By Peter Feros, Deborah Johns, Adam Laura

Gilbert + Tobin has contributed the Australian chapter in the Private Equity publication of Getting the Deal Through 2014. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Private Equity 2014, (published in February 2014; contributing editors: Casey Cogut and William Curbow of Simpson Thacher & Bartlett LLP). For further information please visit www.GettingTheDealThrough.com.

10th March 2014

Getting the Deal Through – 2014 Private Equity Transactions

10th March 2014

By Rachael Bassil, Peter Cook

Gilbert + Tobin has contributed the Australian chapter in the Private Equity publication of Getting the Deal Through 2014. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Private Equity 2014, (published in February 2014; contributing editors: Casey Cogut and William Curbow of Simpson Thacher & Bartlett LLP). For further information please visit www.GettingTheDealThrough.com.”

10th March 2014

Privacy Law in Australia: an overview of changes to the Privacy Act

10th March 2014

By Peter Leonard

On 12 March 2014 The Privacy Act 1988 (Privacy Act) will be amended by the Privacy Amendment (Enhancing Privacy Protection) Bill 2012. Partner and iappANZ director Peter Leonard provides a detailed guide to the changes, enforcement of the new Privacy Act as well as emerging trends and issues.

6th March 2014

ACCC releases its priorities for 2014

6th March 2014

By Jennifer Barron

Jennifer Barron, Special Counsel, discusses the ACCC’s 2014 priorities.

25th February 2014

Corporate Advisory Update February 2014

25th February 2014

By Jane Hogan, Rachel Launders, Sally Randall

This update provides a summary of key recent legal developments, particularly relevant to in-house counsel.

24th February 2014

Pfizer charged with anti-competitive conduct

24th February 2014

By Simon Snow

Simon Snow, Partner, discusses the anti-competitive conduct charges against Pfizer by the ACCC.

20th February 2014

WA Resources Update – February 2014

20th February 2014

By Michael Blakiston, Claire Boyd, David Martino, Phil McKeiver

In this issue of the WA Resources Update, your regular newsletter about key developments for the Western Australian mining sector, we look at the Mining Rehabilitation Fund, the proposed reforms by the Department of Mines and Petroleum and their statutory penalty review. We also take a look at the decisions in the following cases: Yarri & Ors v Forrest & Forrest Pty Ltd, Payne v Dwyer and Denton Trading Pty Ltd v Eaglefield Holdings Pty Ltd.

18th February 2014

Commonwealth Government’s Root and Branch Review of Competition Law and Policy

18th February 2014

By Luke Woodward

Professor Fred Hilmer AO, President and Vice-Chancellor of the University of New South Wales and formerly head of the 1992–1993 Independent Committee of Inquiry into a National Competition Policy for Australia, recently presented to Gilbert + Tobin’s clients and the Business Council of Australia’s members at a Competition Policy Forum on the Commonwealth Government’s Root and Branch Review.

13th February 2014

Our Expert Insights video interviews and inaugural Competition Review

13th February 2014

By Luke Woodward

Our Competition Review comprises a written publication, a short video introduction presented by Gilbert + Tobin Lawyers Morelle Bull and Charles Coorey and video interviews which we conducted with experts in the Australian Competition and Regulatory Law field.

12th February 2014

Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35

12th February 2014

By Peter Jones, Alison Willis

We discuss the Federal Court’s recent decision in Paciocco v ANZ.

10th February 2014

Customer data analytics: privacy settings for ‘Big Data’ business

10th February 2014

By Peter Leonard

Peter Leonard discusses the global debate as to how privacy regulation should address big data. This was first published in International Data Privacy Law 2014 4: 53-68.

6th February 2014

Changes to the NSW security of payment regime affect “bankability” of projects

6th February 2014

By Emanuel Confos, Dany Shalak

Soon to be enforced changes to the security of payment regime in New South Wales brought about by the Building and Construction Industry Security of Payment Amendment Act 2013 (NSW) are likely to impact the “bankability” of a project. The amendments, which aim to provide greater protection for subcontractors, promote cash flow and create greater transparency in the construction industry, are expected to take effect in April 2014.

20th December 2013

When will the court fix your mistakes?

20th December 2013

By Mark Gerus, Tim O'Leary

Our Litigation and Dispute Resolution specialists Mark Gerus and Tim O’Leary look at the Act along with the Weinstock v Beck case and find that the High Court’s broad approach to section 1322reflects a concern for substance over form that is potentially very useful for those involved in matters of corporate governance. Click here to access the white paper and video cast.

20th December 2013

Dual distribution models at a crossroad: where do the ANZ and Flight Centre cases leave us?

20th December 2013

By Elizabeth Avery, Charles Coorey, Genevieve Rahman, Simon Snow, Luke Woodward

We discuss the recent decisions of the Federal Court in ACCC v Australian and New Zealand Banking Group Limited and ACCC v Flight Centre Limited.

18th December 2013

Corporate Advisory Update December 2013

18th December 2013

By Jane Hogan, Rachel Launders, Sally Randall

This update provides a summary of key recent legal developments, particularly relevant to in-house counsel.

18th December 2013

Bullying claim risk from 1 January 2014

18th December 2013

By Dianne Banks, Kim McGuren, James Pomeroy

From 1 January 2014, the Fair Work Commission will have jurisdiction to hear and deal with bullying complaints. We discuss the new laws.

13th December 2013

WA Resources Update – December 2013

13th December 2013

By Michael Blakiston, Claire Boyd, David Martino, Phil McKeiver

In this issue of the WA Resources Update, your regular newsletter about key developments for the Western Australian mining sector, we look at the new JORC Code and amended ASX Listing Rules, the proposed amendments to Western Australian mining legislation and the special access considerations for exploring water.

13th December 2013

From the vulgarian to the astute: does it matter?

13th December 2013

By Rani John, Andrew Willekes

We discuss the High Court’s majority decision in ACCC v TPG and how it provides important guidance on the question of how the knowledge imputed to the reasonable consumer impacts the assessment of whether advertising is misleading or deceptive.

13th December 2013

NBN Strategic Review: No Easy Way Out

13th December 2013

By Peter Waters

This is a summary of the Strategic Review provided to Minister Turnbull by NBN Co, with the assistance of Deloitte, Boston Consulting and KordaMentha.

13th December 2013

Trimming the fat on International Trade Mark Portfolio costs

13th December 2013

By Lauren Eade, Lisa Lennon

International trade mark protection strategies can be complicated and expensive, particularly, as brand owners move to take advantage of “international” registration in preference to country based registrations. Fortunately, there is a way to reduce ongoing portfolio management costs whilst retaining priority of rights as you transition your portfolio. This involves the replacement of national registrations with International Registrations registered under the Madrid Protocol international trade mark registration system.

11th December 2013

Louis Vuitton Malletier v Sonya Valentine Pty Ltd: s 120(1) doesn’t give a damn about Louis Vuitton’s reputation

11th December 2013

By Lauren Eade, Lisa Lennon, Angela McDonald

The article discusses reputation of an existing mark under s 120(1) of the Trade Marks Act. This was first published in the Australian Intellectual Property Law Bulletin (2013) 26(6).

6th December 2013

Federal Court finds Flight Centre attempted to induce various airlines to enter into price fixing arrangements

6th December 2013

By Andrew Low, Simon Snow

On Friday 6 December, the Federal Court of Australia published its reasons in ACCC v Flight Centre Limited (No 2) [2013] FCA 1313, finding that Flight Centre attempted, on six occasions, to induce three airlines (being Singapore Airlines, Emirates and Malaysia Airlines) to make collusive arrangements with it in relation to Flight Centre’s retail or distribution margin for air fares for international air travel in the period August 2005 to March 2009. The Court found that these collusive arrangements would have (if entered into) lessened competition in the market for the retail sale or distribution of airline tickets.

4th December 2013

Liability for remediation: What happens when the contract says one thing but the parties meant another?

4th December 2013

By Ben Fuller

Ben Fuller contributed this article in Cronicle, Issue 36 – November 2013. Reproduced with permission from the Australasian Land and Groundwater Association.

4th December 2013

Timely reminders from the Takeovers Panel: debt deals aren’t off limits, but shareholder rights might be…

4th December 2013

By David Clee, Alex Kauye, Noah Obradovic

We discuss two recent decisions of the Takeovers Panel: Billabong International Limited and RHG Limited.

4th December 2013

Taking Private Equity Public: is floating the fund manager itself a viable strategy in Australia?

4th December 2013

By Andrew Bullock, Hiroshi Narushima

The current momentum behind IPO exits by private equity funds of their portfolio companies had us thinking whether an Australian private equity fund manager might consider floating itself?

4th December 2013

M+A Perspectives – December 2013

4th December 2013

In this month’s issue of M+A Perspectives we look at the current momentum behind IPO exits by private equity funds and two decisions by the Takeovers Panel, Billabong International Limited and RHG Limited.

29th November 2013

Submissions to ACIP’s September 2013 Review of the Designs System Issues Paper

29th November 2013

By Lauren Eade, Lisa Lennon, Rebecca Smith

G+T made a submission to ACIP’s review of the design system issues paper.

25th November 2013

Court of Criminal Appeal quashes conviction for insider trading

25th November 2013

By Lara Hall, Rani John, Genevieve Rahman

On 20 November 2013, the NSW Court of Criminal Appeal published its reasons for its decision on 17 July 2013 to quash Stuart Fysh’s convictions for insider trading, relating to the purchase of shares in Queensland Gas Company. We discuss the Court of Criminal Appeal’s decision.

7th November 2013

Recovering mistakenly produced privileged documents: the High Court’s decision in Expense Reduction Analysts Group v Armstrong Strategic Management

7th November 2013

By Rani John, Alistair Schaefer

With the size and complexity of commercial litigation on the rise, and a corresponding increase in the size and complexity of discovery, it is an unfortunate reality that mistakes can sometimes occur during the discovery process.

1st November 2013

Knott Investments Pty Ltd v Winnebago Industries, Inc

1st November 2013

By Lisa Lennon, Siabon Seet, Frances St John

The Full Federal Court handed down a judgment that will have significant implications for the way brand owners think about protecting their brands in Australia. The decision illustrates the weaknesses in seeking to protect brands without trade mark registrations and how even a successful claim may not result in clear protection of an unregistered brand, particularly where there is delay.

31st October 2013

Adidas AG v Pacific Brands Pty Ltd

31st October 2013

By Claire Bothwell, Lisa Lennon

Four stripes and you’re (sometimes) out – Court finds that four stripes infringe Adidas “three stripe” trade mark.

28th October 2013

WA Resources Update – October 2013

28th October 2013

By Michael Blakiston, Claire Boyd, David Martino, Phil McKeiver

In this issue of the WA Resources Update, your regular newsletter about key developments for the Western Australian mining sector, we look at the recent unilateral action taken by the Government of Papua New Guinea (PNG) to pass legislation to effectively acquire 100% ownership of the Ok Tedi copper/gold mine, the new Emissions Reduction Fund and the Western Australian water reforms.

25th October 2013

Release of New GTLDs

25th October 2013

By Lauren Eade, Lisa Lennon

The release of the first new generic Top Level Domains (gTLDs) is imminent. Applications to register and operate the new gTLDs opened in the first quarter of 2012.

23rd October 2013

Australia’s ‘new’ carbon future – risks and opportunities for business

23rd October 2013

By Ben Fuller, Simon Snow

The race is on for the Commonwealth Government to repeal the Carbon Pricing Mechanism (CPM) and replace it with its Emissions Reduction Fund (ERF) to regulate Australia’s carbon emissions. With uncertainty in relation to carbon regulation firmly back on the political agenda – businesses should consider the risks and opportunities that may arise from Australia’s ‘new’ carbon future.

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