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31st August 2015

WA Resources Update | August 2015

31st August 2015

By Claire Boyd, Phil McKeiver, Tim O'Leary, Sarah Turner

In this issue of the WA Resources Update, your regular newsletter about key developments for the Western Australian mining sector, we look at FIRB, preparing a superior offer for your shareholders, navigating indemnities and liability provisions in contracts and a case note on Brockman Iron Pty Ltd v The Pilbara Infrastructure Pty Ltd [2015] WASC 223.

21st August 2015

Consultation on AUSTRAC industry contribution

21st August 2015

By Peter Reeves, Georgina Willcock

AUSTRAC has invited stakeholders to make submissions on the proposed arrangements for the 2015-16 industry contribution levy.

20th August 2015

Productivity Commission Inquiry into Intellectual Property Arrangements Announced

20th August 2015

By Sophie Chesterton, John Lee, Siabon Seet, Simon Snow, Michael Williams

In a joint announcement today, the Treasurer and the Minister for Small Business announced that the Productivity Commission will undertake a broad inquiry into Australia’s intellectual property (IP) arrangements.

20th August 2015

Government consults on proposed crowd sourced equity funding framework for public companies and canvasses proposed reforms for proprietary companies

20th August 2015

By Peter Reeves, Georgina Willcock

Following consultation earlier this year, and consistent with its expressed commitments, the Federal Government is now consulting on its proposed crowd sourced equity funding framework for public companies as well as ways to reduce compliance costs for, and facilitate capital raising by, proprietary companies.

11th August 2015

A tale of two ports

11th August 2015

By Charles Coorey, Simon Muys, Dilys Teng, Luke Woodward

Recent developments at the Port of Newcastle and Port of Melbourne may hold important lessons for the regulatory strategies of port owners, users and potential investors in privatised Australian ports

6th August 2015

Release of the Improved Management of Exploration Regulation for NSW onshore petroleum

6th August 2015

By Christopher Flynn, Justin Little, Ben Malone, Peter O'Sullivan

The NSW Government recently released its Improved Management of Exploration Regulation policy (IMER) which applies to exploration licences (PELs), special prospecting authorities and assessment leases issued under the Petroleum (Onshore) Act 1991 (NSW) (Petroleum Act).

4th August 2015

ASIC facilitates digital financial services disclosure

4th August 2015

By Adam Laura, Peter Reeves

ASIC’s new regime allows financial services providers to elect to deliver financial services disclosure documents to clients digitally unless the client opts out. The reforms should result in time and costs savings for financial services providers and make the information available to clients in a more timely, convenient, interactive and easier to understand manner.

31st July 2015

Federal Court green lights dual distribution models: wins for Flight Centre and ANZ against ACCC price fixing allegations

31st July 2015

By Elizabeth Avery, Dilys Teng

The Full Federal Court has allowed Flight Centre’s appeal, finding that it did not engage in attempted price fixing. The ACCC has been ordered to pay Flight Centre’s costs for both the initial proceedings and the appeal.

31st July 2015

Australasian Lawyer discusses new frontiers in TMT contracting, quoting Gilbert + Tobin’s partner Bernadette Jew

31st July 2015

“One of the key trends over the last year is that customers are now moving to more of an as-a-service strategy,” observes Gilbert + Tobin partner Bernadette Jew. “Customers are buying services rather than buying a technology solution or a technology component. The major focus is on what does the service need to achieve, rather than what does the technology look like?” This article was published in Issue 2.4 of the Australasian Lawyer e-Magazine.

30th July 2015

Corporate Advisory Update | July 2015

30th July 2015

By Hiroshi Narushima, Sally Randall, Jessica van Rooy

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. In this issue: new amendments improve, and clarify the operation of, the FOFA laws, ASIC launches second stage of the Financial Services Register and ASX publishes revised Guidance Note 8.

27th July 2015

Exposure draft foreign investment legislation

27th July 2015

By Deborah Johns

The Government has released an exposure draft of the Foreign Acquisitions and Takeovers Legislation Amendment Bill 2015 (Exposure Draft), which will amend the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA).

22nd July 2015

Ben Grubb v. Telstra Corporation

22nd July 2015

By Peter Leonard

In this article, partner Peter Leonard considers the determination by the Australian Privacy Commissioner on journalist Ben Grubb’s attempts to access the metadata held by Telstra about his own mobile use considers the concept of when an individual is ‘reasonably identifiable.’ This article was published in Volume 15, Issue 3 edition of E-Commerce Law Reports.

22nd July 2015

Insuring against costly cybercrime: what can you do?

22nd July 2015

By Andrew Floro, Asia Lenard, Matthew McGirr, Laura Tompkins

Cybercrime and data breach incidents have the potential to affect all individuals and businesses. “Cybercrime” can mean both crimes directed at computer technology (such as hacking) and crimes where computers are an integral part of an offence, such as online fraud or identity theft. Data breaches may be caused by malicious cybercrime, such as theft and hacking, or inadvertent human or technical error.

14th July 2015

The Regulatory Web: Step up in regulatory activity and supervision of data breaches

14th July 2015

By Andrew Floro, Asia Lenard, Matthew McGirr, Laura Tompkins

There is a growing trend, domestically and abroad, towards legislators and regulators taking a more active role in setting data security standards and holding businesses to a greater level of scrutiny in respect of data breaches.

8th July 2015

New APRA guidelines on cloud

8th July 2015

By Simon Burns, Tim Gole, Bernadette Jew, Sheila McGregor

APRA’s newly released Information Paper: “OUTSOURCING INVOLVING SHARED COMPUTING SERVICES (INCLUDING CLOUD)” recognises that public cloud is inevitable for financial services. It provides constructive guidelines for managing risks in a cloud world. By way of exception, APRA questions the appropriateness of migrating critical systems of record to the public cloud.

8th July 2015

Employee share schemes

8th July 2015

By Peter Feros, Tim Gordon, Elizabeth Hill, Deborah Johns, Andrew Sharp

With all of the hype surrounding the new employee incentive scheme tax rules, we thought it was timely to remind folks of a few key non-tax points about employee incentive schemes.

8th July 2015

Cyber Security

8th July 2015

By Simon Burns, Tim Gole, Peter Leonard, Sheila McGregor, Michael Williams

Gilbert + Tobin TMT team explore how to plan for and deal with cyber security breaches.

3rd July 2015

General Counsel: Adding Value to the C-Suite

3rd July 2015

By Christiana McCudden, Janet Whiting

Head of Litigation, Melbourne, Janet Whiting and Special Counsel, Christiana McCudden examine the various practices and initiatives that good general counsel can implement to ensure that they maximise their contribution to the business and the C-Suite. This article was published in the June issue of the Australian Corporate Lawyers Association (ACLA) journal.

3rd July 2015

High Court and NSW Court of Appeal confirm scope of proportionate liability regimes

3rd July 2015

By Matt Mackenzie, Colleen Platford

The scope of the proportionate liability regimes in Div. 2A of Pt. 7.10 of the Corporations Act 2001 (Cth) and in Pt VIA of the Competition and Consumer Act 2010 (Cth) has recently been confirmed by the High Court and NSW Court of Appeal respectively.

2nd July 2015

Lexology Navigator – Merger Control

2nd July 2015

By Paula Gilardoni, Andrew Low

Gilbert + Tobin partner, Paula Gilardoni and lawyer, Andrew Low discuss the current merger control climate and trends, including the legislation that applies to the control of mergers.

2nd July 2015

Small businesses to be protected against unfair contract terms – what you need to know

2nd July 2015

By Tim Gole, Kirish Kularajah

Following on from the generous $20,000 tax break offered to small businesses in the 2015-16 federal budget, small business stands to further benefit from changes to the Australian Securities and Investment Commission Act 2001 (Cth) (ASIC Act) and the Australian Consumer Law (ACL).

2nd July 2015

Australian Foreign Investment

2nd July 2015

By Deborah Johns

The Government has issued a new policy and intends to legislate to give effect to changes to strengthen Australia’s foreign investment framework by 1 December 2015.

1st July 2015

The International Comparative Legal Guide to Corporate Recovery & Insolvency 2015 – Australian Chapter

1st July 2015

By Nicholas Edwards, Dominic Emmett

Dominic Emmett and Nicholas Edwards have contributed to the Australian chapter of the ninth edition of The International Comparative Legal Guide to Corporate Recovery & Insolvency 2015. The chapter provides a practical cross-border insight into corporate recovery and insolvency work in Australia and a general introduction to the legal framework. This article appeared in the 2015 edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London. (http://www.iclg.co.uk)

30th June 2015

Delving deeper into the reality of the metadata retention law

30th June 2015

By Peter Leonard

In this article, partner Peter Leonard examines the kinds of information that must be retained under the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 and who can access this information. The financial and data security issues arising from the new retention regime are also considered. The article is part of a series published in the Data Protection Law & Policy journal. The first part of the series can be found here: http://www.gtlaw.com.au/wp-content/uploads/DPLP-May-2015_DPLP.pdf

29th June 2015

@work – New rates and thresholds from 1 July 2015

29th June 2015

By Dianne Banks, Clancy King, Kim McGuren, James Pomeroy

Employers should note that new rates and thresholds apply from 1 July 2015 to the following: national minimum wage, casual loading for award/agreement free employees, minimum award wage rates, superannuation contributions and high income threshold.

26th June 2015

Corporate Advisory Update | June 2015

26th June 2015

By Hiroshi Narushima, Sally Randall, Jessica van Rooy

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. In this issue: Leases of serial numbered goods will now only be deemed PPS leases if their term exceeds 12 months; ASIC reduces red tape for change of auditors; taxation of employee share schemes Bill passes the Senate without changes and proposed extension of GST to digital products and other services imported by consumers.

26th June 2015

Gilbert + Tobin Competition Review 2015

26th June 2015

By Elizabeth Avery, Jennifer Barron, Gina Cass-Gottlieb, Moya Dodd, Paula Gilardoni, Simon Muys, Simon Snow, Peter Waters, Luke Woodward

the Competition Review examines the major competition law and regulatory developments over the last 18 months, and predicts key trends we are likely to see through the remainder of 2015 and into 2016.

26th June 2015

Is your customer data at risk? Data breach incidents can result in legal claims and regulatory intervention

26th June 2015

By Andrew Floro, Asia Lenard, Matthew McGirr, Laura Tompkins

In recent years, there has been a dramatic increase in the frequency and severity of data breach incidents, resulting in the growth of the cyber-liability insurance industry.

25th June 2015

Taxation of employee share schemes Bill passes the Senate without changes

25th June 2015

Legislation amending the taxation of employee share schemes today passed through the Senate without amendment, with the new rules to apply to shares or options issued to Australian employees on and after 1 July 2015.

18th June 2015

Gilbert + Tobin launches Energy Navigator app

18th June 2015

By Jennifer Barron, Geoff Petersen

In the highly regulated Australian energy sector, our app provides a single place to find key legislation, regulatory guides and related documents which govern the energy industry in Australia.

8th June 2015

Determining obligations under Australia’s new metadata law

8th June 2015

By Peter Leonard

The Australian Parliament recently enacted requirements for communications providers to collect and retain information about communications carried by their services. The new law is controversial, but may well provide a lead for other countries considering mandatory retention requirements. In this issue of Data Protection Law & Policy, Partner Peter Leonard, describes the general operation of the laws, before delving deeper into their implications for communications service providers doing business in Australia in the following issue.

28th May 2015

Corporate Advisory Update | May 2015

28th May 2015

By Hiroshi Narushima, Sally Randall, Jessica van Rooy

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. In this issue: Treasury has announced a number of tax reform proposals, Australian Federal Budget 2015 – 2016 – Key tax issues, ASIC regulation of complex products.

27th May 2015

No Deal! Director v CFMEU and the future of negotiated resolutions in ACCC penalty proceedings

27th May 2015

By Elizabeth Avery, Sophie Millett, Matt Rubinstein

Since the High Court’s decision in Barbaro v The Queen, the Federal Court has increasingly scrutinised regulators and respondents attempting to resolve civil penalty proceedings by providing the Court with an agreed statement of facts that contains an agreed penalty figure or penalty range.

19th May 2015

Meta-exercised about metadata

19th May 2015

By Althea Carbon, Peter Leonard

Metadata collection was highlighted in a recent determination by the Australian Privacy Commissioner which found Telstra had breached the Privacy Act … But how relevant is it, given the government’s recent amendments to the Data Retention Act? Peter Leonard and Althea Carbon look at the big picture and the fine detail.

18th May 2015

Data Protection 2015: A practical cross-border insight into data protection law – Australian chapter

18th May 2015

By Michael Burnett, Peter Leonard

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Data Protection; published by Global Legal Group Ltd, London (www.iclg.co.uk).

14th May 2015

WA Resources Update | May 2014

14th May 2015

By Michael Blakiston, Claire Boyd, Justin Little, 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 backddor listing, how to exit from a joint venture and safeguarding your right to mine against alternative infrastructure development.

13th May 2015

Australian Federal Budget 2015-2016

13th May 2015

By James Campisi, Hanh Chau, Peter Feros, Grace Ho, Andrew Sharp, Mack Wan

This year’s Federal Budget (Budget) is the Coalition Government’s second since coming to power in 2013. Read our update here.

6th May 2015

@work – Redundancy Update

6th May 2015

By Dianne Banks, Clancy King, Kim McGuren, James Pomeroy

In the recent case of Stickley v Kestrel Coal Pty Ltd [2015] FWC 2884, the Fair Work Commission has clarified employers’ redeployment obligations in relation to associated entities.

1st May 2015

App release – Key competition law insights into M+A in Australia

1st May 2015

By Jennifer Barron, Emma Ringland, Simon Snow, Jessie-Grace Stephenson

With ever increasing global regulatory scrutiny of merger and acquisition activity, we are pleased to release an introductory guide to the merger clearance process in Australia.This guide is available on all tablets (Android and iOS) and is downloadable as a PDF for use on other devices.

30th April 2015

Corporate Advisory Update | April 2015

30th April 2015

By Hiroshi Narushima, Sally Randall, Jessica van Rooy

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. In this issue: Final report of the statutory review of the Personal Property Securities Act 2009 (Cth) released, ASX consults to facilitate dual listings by NZ companies, The ANZ bank fees case.

29th April 2015

Proper process, not politics, should prevail in government decision-making

29th April 2015

By Steven Glass, Melissa Graham, Asia Lenard, Hannah Quadrio

Friday’s decision by Justice Button in the Supreme Court of New South Wales in Metgasco Limited v Minister for Resources and Energy1 has affirmed the importance of government officials complying with statutory decision-making processes. The Metgasco decision reflects fundamental rule of law principles and highlights the importance of excluding political considerations from official decision-making.

21st April 2015

The proceeds of crime for insider trading

21st April 2015

By Steven Glass, Kate Meikle, Ryan Turner

Prosecution authorities have tried and failed for a third time to argue that the proceeds of crime for an insider trading offence are the gross proceeds of the sale of the shares in question.

21st April 2015

Regulation of complex products

21st April 2015

By Peter Reeves, Georgina Willcock

In this update, in a context where the performance issues surrounding the Australian financial advice industry are well-publicised, we summarise the steps that have been taken to improve adviser accountability generally and ASIC’s additional proposals in relation to complex product regulation.

15th April 2015

OECD releases report card on Australia’s enforcement of bribery laws

15th April 2015

By Steven Glass, Ryan Turner, Stephanie Wee

Australia is ready to ramp up bribery prosecutions to an unprecedented degree, with tightened legislation, better co-operation and information sharing between enforcement agencies, and a number of investigations already under way.

14th April 2015

ACCC to conduct inquiry into Southern and Eastern wholesale gas prices

14th April 2015

By Jennifer Barron, Gina Cass-Gottlieb, Geoff Petersen, Genevieve Rahman, Adelina Widjaja, Luke Woodward

The Australian gas market has been the subject of intense scrutiny in recent times, culminating in yesterday’s request by the Minister for Small Business that the ACCC conduct a public inquiry into the competitiveness of the Eastern Australian upstream natural gas market.

13th April 2015

Where to now for big business, small business and market power?

13th April 2015

By Elizabeth Avery, Paula Gilardoni, Matt Rubinstein, Simon Snow

Following intense debate on Australia’s existing law on misuse of market power, the Harper Review’s Final Report has recommended an entirely new section 46 of the Competition and Consumer Act.

10th April 2015

The ANZ bank fees case: freedom of contract prevails

10th April 2015

By Steven Glass, Sabrina Ng

Wednesday’s decision by the Full Federal Court in the ANZ bank fees case (Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50) has restored freedom of contract to its rightful place as a fundamental principle underpinning our systems of law and commerce.

7th April 2015

Taxation of employee share schemes – legislation before Parliament

7th April 2015

By Andrew Sharp

On 25 March a bill amending the taxation of employee share schemes was tabled before Parliament, and provide for welcome improvements to the Exposure Draft legislation released in January.

31st March 2015

Substantial changes to competition law and policy: Harper Review Final Report

31st March 2015

By Louise Klamka, Eloise Morgan, Matt Rubinstein, Simon Snow, Luke Woodward

The Competition Policy Review Panel has this afternoon released its Final Report, recommending wide-reaching changes to competition laws, the institutions that enforce them and the competition policy landscape.

31st March 2015

Corporate Advisory Update | March 2015

31st March 2015

By Hiroshi Narushima, Sally Randall, Jessica van Rooy

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. In this issue: Corporations Legislation Amendment (Deregulatory and Other Measures) Act 2015 (Cth) now in force, ASIC consults on collective action by investors, ASX consults on proposed clarification of its continuous disclosure guidance.

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