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26th February 2015

Corporate Advisory Update | February 2015

26th February 2015

By Hiroshi Narushima, Sally Randall, Jessica van Rooy

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. In this issue: ASIC issues a stop order on pre-prospectus publications by Bitcoin Group Limited, ASX revises Guidance Note 27 on trading policies and the Government seeks to strengthen Australia’s foreign investment framework.

25th February 2015

Competition Policy Review

25th February 2015

The most comprehensive review of Australia’s competition law and policy in twenty years, the Harper Review, is due in 2015. To read our guide on the Harper Review including opportunities and risks for your business download the “G+T Insights” App from Google Play or the AppStore.

25th February 2015

Financial System Inquiry

25th February 2015

The Financial System Inquiry led by David Murray (Murray Inquiry) released its final report on 7 December 2014 with the aim of outlining a blueprint for the Australian financial system over the next decade. For a summary of key points arising from the Murray Inquiry’s observations and recommendations download the “G+T Insights” App from Google Play or the AppStore.

25th February 2015

Near Field Communication

25th February 2015

NFC technology has captured the imagination of many sectors all across the world, and Australia is certainly no exception – it may not be an overstatement to say that Australia is leading the world in contactless payments. For an overview of NFC, uptake in Australia and a look into the future, download our “G+T Insights” App from Google Play or the AppStore.

23rd February 2015

Nexus Energy Limited

23rd February 2015

By David Clee, Nicholas Edwards, Dominic Emmett, Colleen Platford, Ryan Turner

Justice Black has confirmed in his written reasons for judgment in Re Nexus Energy Ltd (subject to deed of company arrangement) [2014] NSWSC 1910 (Nexus) the utility of section 444GA to achieve debt for equity restructures of listed companies.

20th February 2015

M+A Perspectives – February 2015

20th February 2015

By David Clee, Tim Gordon, Wendy Hsu, James Nguyen

In this issue of M+A Perspectives we discuss the Takeovers Panel’s decision in Yancoal Australia Limited [2014] ATP 24 and the recent decision in Careers Australia Group Limited 03 [2015] ATP 1.

19th February 2015

ACCC enforcement priorities, tougher penalties and key activities for 2015

19th February 2015

By Jennifer Barron, Charles Coorey, Rebecca Dollisson, Simon Snow

The Australian Competition and Consumer Commission (ACCC) launches 2015 Compliance and Enforcement Policy at CEDA in Sydney. This policy provides valuable insight into the ACCC’s enforcement priorities for the year ahead.

17th February 2015

ASIC issues stop order on pre-prospectus publications by Bitcoin Group Limited

17th February 2015

By Tim Gordon, Reuben van Werkum

On 13 February ASIC issued a stop order prohibiting Bitcoin Group Limited (a Bitcoin miner) from publishing statements concerning its intention to make an initial public offering of its shares on the ASX until it has formally lodged a prospectus.

4th February 2015

ASX revises Guidance Note 27 on Trading Policies

4th February 2015

By Adam D'Andreti, Sean Meehan, Jessica van Rooy

On 30 January 2015, the ASX revised its Guidance Note 27 on trading policies (Revised Guidance) in light of market developments since the last update in 2012.

4th February 2015

NSW Infrastructure Projects and Compulsory Acquisitions – Positioning Yourself for ‘Just Compensation’

4th February 2015

By Nick Ferguson, Ben Fuller, Tim Poisel

The NSW Government has approved the allocation of $6.7 billion to accelerate the delivery of priority projects identified by Infrastructure NSW in the State Infrastructure Strategy.

30th January 2015

Corporate Advisory Update | January 2015

30th January 2015

By Jane Hogan, Sally Randall, Jessica van Rooy

This update provides a summary of key recent legal developments during November 2014 to January 2015, particularly relevant to in-house counsel.

23rd January 2015

@work – Workplace Relations Framework Public Inquiry

23rd January 2015

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

The Australian Government has given the Productivity Commission broad terms of reference to undertake a public inquiry into the performance of Australia’s workplace relations framework, including the Fair Work Act 2009 (FWA) and identify improvements that can be made. The Productivity Commission has today released 5 issues papers that deal with a range of topics to be addressed by the inquiry and pose a number of questions to guide public submissions on those topics.

19th January 2015

Changes to the taxation of employee share schemes: draft legislation released

19th January 2015

By Peter Feros, Andrew Sharp, Mack Wan

On Wednesday 14 January 2015, the Minister for Small Business announced the release of Exposure Draft legislation and regulations containing amendments to the taxation arrangements of Employee Share Schemes (ESS) previously announced in October 2014.

17th January 2015

The OAIC’s Annual Report on its eHealth 2013-14 activities

17th January 2015

By Michael Burnett, Peter Leonard

This report provides an overview of the Office of the Australian Information Commissioner’s (‘OAIC’) eHealth compliance and enforcement activities. First published in eHealth Law & Policy – January 2015.

5th January 2015

Privacy protections extend to disclosures even where an individual is not named

5th January 2015

By Joshua Ehrenfeld, Andrew Floro

A recent decision of the Appeals Panel of the NSW Civil & Administrative Tribunal has confirmed the broad reach of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act), and the nature of personal information which it protects.

5th January 2015

State of the nation – Innovation in restructurings

5th January 2015

By Dominic Emmett

This is the G + T Restructuring + Insolvency Group’s first State of the Nation publication. The publication is designed to give a snapshot of the distressed market, and in particular the developments in corporate restructurings over the last couple of years.

23rd December 2014

The Full Court clarifies the starting point for inventive step

23rd December 2014

By John Lee, Edward Thompson

The Full Federal Court in AstraZeneca AB v Apotex Pty Ltd has upheld the trial judge’s finding that AstraZeneca patents relating to its blockbuster drug CRESTOR are invalid. The key issue on appeal, and the reason the Full Court agreed to sit as an enlarged bench, related to determination of the appropriate “starting point”, if any, for assessing inventive step. G+T IP lawyers consider this issue, and some other interesting aspects of the decision. This was first published in the Australian Intellectual Property Law Bulletin (2014) 27(10) IPLB.

18th December 2014

Mining Care and Maintenance | December 2014

18th December 2014

By Michael Blakiston, Claire Boyd, Chris Flynn, Justin Little, Phil McKeiver

Issues to consider when taking a decision to put a mine on ‘care and maintenance’.

17th December 2014

Emissions Reduction Fund: Implementation of the Direct Action Policy to Tackle Climate Change

17th December 2014

By Nick Ferguson, Ben Fuller, Tim Poisel

On 25 November 2014, the Parliament of Australia assented to the Carbon Farming Initiative Amendment Act 2014 (Cth) (Amending Act).

16th December 2014

Native Title Rights and Extinguishment

16th December 2014

By Guy Greer

In the decision of Western Australia v Brown the High Court has clarified the circumstances in which native title rights will be extinguished by the grant of statutory rights.

16th December 2014

Infrastructure regulation review: 2014 A year that looks ahead

16th December 2014

By Simon Muys, Geoff Petersen

Our G+T regulated infrastructure team has published its annual review for 2014.

12th December 2014

Financial System Inquiry: Final report released

12th December 2014

By Cherrie Fung, Paula Gilardoni, Emma Ringland, Christoph van Opstal

The Financial System Inquiry led by David Murray (Murray Inquiry) released its final report on 7 December 2014 (Final Report) with the aim of outlining a blueprint for the Australian financial system over the next decade.

12th December 2014

@work 2014 – end of year wrap up

12th December 2014

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

The Fair Work Commission (FWC) has now concluded its first year with new powers to make orders to stop bullying.

9th December 2014

ACCC final determination authorising Tooltechnic Resale Price Maintenance

9th December 2014

By Elizabeth Avery, Morelle Bull, Matt Rubinstein, Luke Woodward

The ACCC has granted its first authorisation for resale price maintenance – to power-tool importer and distributor Tooltechnic Systems.

4th December 2014

Crowd Sourced Equity Funding

4th December 2014

By Richard Davey, Peter Reeves

The Corporations and Markets Advisory Committee (CAMAC) has recently presented its report, Crowd sourced equity funding, to the Federal Treasury, proposing options for regulating crowd sourced equity funding (CSEF) in Australia.

3rd December 2014

Productivity Report recommends tighter regulation of litigation funders

3rd December 2014

By Crispian Lynch, Kate Meikle, Colleen Platford

The Productivity Commission has recommended tighter regulation for third party litigation funders in its Final Report on Access to Justice Arrangements released by the Federal Government today.

2nd December 2014

Release of the NSW Gas Plan

2nd December 2014

By Chris Flynn, Ben Fuller, Peter O'Sullivan, Tim Poisel

On 13 November 2014, the NSW Government released its Gas Plan which is designed to deliver world’s best practice regulation and secure vital gas supplies for the State.

28th November 2014

Special Counsel promotion strengthens Gilbert + Tobin’s TMT practice

28th November 2014

Gilbert + Tobin is delighted to announce the appointment of Simon Burns to Special Counsel, effective 1 January.

24th November 2014

Tougher Penalties for Environmental Offences

24th November 2014

By Nick Ferguson, Ben Fuller

The New South Wales Government has recently passed legislation to significantly increase the penalties for breaches of planning and contamination laws.

24th November 2014

Financial Assurance Update

24th November 2014

By Chris Flynn, Ben Fuller, Peter O'Sullivan, Tim Poisel

The Australian Government has released draft regulations relating to the financial assurance requirements for offshore petroleum activities which are intended to commence from 1 January 2015.

19th November 2014

Corporate Advisory Update – November 2014

19th November 2014

By Jane Hogan, Sally Randall

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team.

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

19th November 2014

WA Resources Update | November 2014

19th November 2014

By Michael Blakiston, Claire Boyd, Justin Little, Phil McKeiver

Welcome to the final edition of WA Resources Update for 2014.

18th November 2014

Corporate Advisory Update – October 2014

18th November 2014

By Jane Hogan, Sally Randall

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team.

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

12th November 2014

Cross-border tax structures under the spotlight

12th November 2014

By Peter Feros, Andris Gauja, Rani John, Peter Munro, Andrew Sharp

The regulatory spotlight is now on corporate tax avoidance following news of a global investigation into tax deals negotiated by Australian and foreign companies through Luxembourg and the leaking of more than 300 tax agreements by a group of investigative journalists.

11th November 2014

ASIC facilitates employee incentive schemes with new class orders

11th November 2014

By Mindy Bonomelli, Eugene Tse, Jessica van Rooy

Offers under employee incentive schemes can trigger a range of obligations under the Corporations Act 2001 (Cth) in relation to disclosure and on-sale, financial services licensing, advertising, hawking and the incidental operation of a managed investment scheme.

10th November 2014

Changes to the NSW Waste Regulatory Framework

10th November 2014

By Ben Fuller, Tim Poisel

On 1 November 2014, the majority of the provisions of the Protection of the Environment Operations (Waste) Regulation 2014 (NSW) (New Waste Regulation) came into force.

7th November 2014

Responsible Entities may not have the powers they think they have

7th November 2014

By Stuart Brady, Steven Glass, Adam Laura

The High Court has reminded Responsible Entities (REs) of managed investment schemes to ensure that the actions they take are authorised by the constitution of the scheme.

6th November 2014

Your guide to the ACL Consumer Guarantees

6th November 2014

By Kirish Kularajah, Simon Snow

With the ACL Consumer Guarantees continuing to rank highly on the ACCC’s enforcement priorities, now is an appropriate time for businesses to review their practices and policies with regard to the Australian Consumer Law and in particular the consumer guarantees.

6th November 2014

Making sense of the Australian offshore disclosure rules

6th November 2014

By Peter Leonard

The rules in the Australian Privacy Act 1988 as to ‘accountability’ for offshore disclosures by Australian regulated entities continue to fuel debate between commercial lawyers when negotiating privacy provisions in commercial contracts. Gilbert + Tobin partner and iappANZ director Peter Leonard looks at the principal areas of debate.

3rd November 2014

The Metadata Retention Debate rages on

3rd November 2014

By Peter Leonard

Gilbert + Tobin partner and iappANZ director Peter Leonard discusses internet data retention in Australia and the proposed bill tabled in Parliament on 30 October 2014.

3rd November 2014

ACCC unsuccessful in air cargo proceedings against Air New Zealand and Garuda

3rd November 2014

By Andrew Floro, Angela Ha, Simon Snow

In a judgment handed down today in the Federal Court, Perram J dismissed allegations brought by the ACCC that Air New Zealand and Garuda had colluded between 2001 and 2006 with other airlines to fix surcharges and fees for air cargo services in contravention of the Trade Practices Act 1974 (TPA) (now the Competition and Consumer Act 2010).

31st October 2014

ACCC takes on US based gaming giant Valve Corporation for alleged consumer guarantees breaches

31st October 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses a case where the ACCC commenced proceedings against Valve Corporation alleging false or misleading representation regarding consumer guarantees under the Australian Consumer Law.

17th October 2014

Queensland Security of Payment Laws Amended

17th October 2014

By Stuart Brady, Emanuel Confos

The Building and Construction Industry Payments Amendment Act 2014 (Qld) will commence in the coming months amending the Building and Construction Industry Payments Act 2004 (Qld). The Amendment Act will implement recommendations made in the Wallace Report to address concerns regarding the current Act. The two major changes are the imposition of different timeframes for standard and complex payment claims and the establishment of a single adjudication registry administered by the Queensland Building and Construction Commission (QBCC).

15th October 2014

New ASIC class order to facilitate offers of CHESS depository interests

15th October 2014

By Madeleine Brett-Williams, Adam D'Andreti

On 13 October 2014, ASIC released Regulatory Guide 253 (RG 253) to provide guidance about the application of the Australian prospectus and financial services licensing requirements in connection with offers of CHESS depository interests (CDIs) over securities of a foreign company.

15th October 2014

Changes announced to the taxation of employee share schemes

15th October 2014

By James Campisi, Peter Feros, James Nguyen, Andrew Sharp

The Federal Treasury has announced on Tuesday 14 October 2014 that it will reverse changes to the taxation of employee share schemes introduced by the then Rudd Government in 2009. The apparent intention of the changes are to reverse a trend of innovative Australian businesses moving offshore because of the current tax treatment of employee share schemes.

10th October 2014

Landmark construction ruling delivered by the High Court

10th October 2014

By Emanuel Confos

Gilbert + Tobin partner Emanuel Confos comments on the outcome of a landmark construction ruling delivered by the High Court of Australia.

10th October 2014

Competition Policy Review – Replacing the Price Signalling Laws with Concerted Practices – fit for purpose or a foreign concept?

10th October 2014

By Elizabeth Avery, Nicole Lojszczyk, Matt Rubinstein

The Harper Review’s draft report (Draft Report) considers that the price signalling provisions set out in Division 1A of the Competition and Consumer Act 2010 (CCA), which currently apply only to the banking sector are not “fit for purpose” and should be repealed. In their place, the Draft Report recommends that the general prohibition on anticompetitive agreements in section 45 of the CCA should be extended to cover “concerted practices” which have the purpose, or have or would be likely to have the effect, of substantially lessening competition.

10th October 2014

The Restructuring Review – Australian Chapter

10th October 2014

By Nicholas Edwards, Dominic Emmett, James Lewis

Dominic Emmett, James Lewis and Nicholas Edwards have contributed to the Australian chapter of the seventh edition of The Restructuring Review. The chapter provides a general introduction to the legal framework of restructuring and insolvency in Australia and details recent activity and developments in this area. To download an eBook or PDF version of the entire seventh edition of The Restructuring Review, please visit: http://thelawreviews.co.uk/download/edition/1058/the-restructuring-review/

8th October 2014

High Court of Australia landmark ruling for the construction industry

8th October 2014

By Emanuel Confos, Harriet Oldmeadow

Brookfield Multiplex Ltd (Brookfield), represented by Gilbert + Tobin, were successful in the High Court of Australia on 8 October 2014 whereby the full bench of the High Court unanimously allowed an appeal from a decision of the New South Wales Court of Appeal. The High Court of Australia held that Brookfield, the builder of serviced apartments, did not owe a duty of care to the Owners Corporation to avoid causing it pure economic loss resulting from latent defects in the common property.

3rd October 2014

Corporate Advisory update – September 2014

3rd October 2014

By Sally Randall, Ryan Turner

Welcome to the latest update from Gilbert + Tobin’s Corporate Advisory team. The update provides a summary of key recent legal developments, particularly relevant to in-house counsel.

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