Menu

Publications

Out Perform G+TLaw

29th July 2014

G20, a slow and evolving process – an update on Australia’s reporting requirements

29th July 2014

By Ros O'Mally

The G20 financial regulatory reforms initially approved by the IMF in 2010 are slowly being clarified and implemented by the IMF’s member governments. As expected these reforms have been controversial and subject to significant debate and lobbying.

25th July 2014

Takeovers Panel issues an updated Guidance Note 12 on Frustrating Action

25th July 2014

By Alastair Corrigall, Adam D'Andreti

On 18 July 2014, the Takeovers Panel released the fourth issue of Guidance Note 12: Frustrating Action. The amended GN12 adds a new matter that the Takeovers Panel will have regard to in considering whether a target company has engaged in frustrating action that constitutes “unacceptable circumstances”.

24th July 2014

The ‘carbon tax’ is gone – implications for business and where to from here?

24th July 2014

By Nick Ferguson, Ben Fuller

On 17 July 2014 the Australian Government repealed the legislation which created Australia’s ‘carbon pricing mechanism’ (commonly referred to as the ‘carbon tax’). The ‘carbon tax’ took about 5 years to implement – and lasted only 2. While the Australian Government intended for there to be a direct transition from the ‘carbon tax’ to its ‘Direct Action Plan’ for carbon regulation – the timing, design and prospects of any ‘Direct Action Plan’ being implemented in Australia is uncertain.

1st July 2014

Mirabela Nickel Ltd

1st July 2014

By David Clee, Nicholas Edwards, Dominic Emmett

We discuss the recent decision in relation to Mirabela Nickel Limited that was before the Supreme Court of New South Wales.

24th June 2014

Corporate Advisory Update | June 2014

24th June 2014

By Jane Hogan, Rachel Launders, Sally Randall

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

17th June 2014

WA Resources update | June 2014

17th June 2014

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 the MRF deadline, 5 steps to obtaining consent to an assignment and untangling the red tape of major project approvals.

11th June 2014

@Work – New rates and thresholds from 1 July 2014

11th June 2014

By Dianne Banks, Kim McGuren, James Pomeroy

We discuss the new rates and thresholds that apply from 1 July 2014.

5th June 2014

Anti-money laundering – new customer due diligence requirements

5th June 2014

By Peter Reeves

The Australian Transaction Reports and Analysis Centre (AUSTRAC) has announced new customer due diligence requirements through Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2014 (No. 3) which makes several changes to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

4th June 2014

@Work June 2014

4th June 2014

By Dianne Banks, Kim McGuren, James Pomeroy

In this edition of @Work we look at some key changes for employers to note from the Budget, the first substantive decision from the Fair Work Commission on bullying and the recent case where two employees refused to work overtime.

3rd June 2014

ASIC releases report on handling of confidential information

3rd June 2014

By Adam D'Andreti, Alex Kauye, Sarah Turner, Katie Webb

ASIC has released a report containing recommendations about the handling of confidential, market-sensitive information in the context of analyst briefings and unannounced, market-sensitive corporate transactions. The report follows a review by ASIC of market practice and builds on previous guidance provided by ASIC and key industry bodies.

30th May 2014

Analyst briefings – ASIC’s latest enforcement focus

30th May 2014

By Rani John

For the past year the Australian Securities and Investments Commission (ASIC) has been monitoring how companies disclose information to market analysts. The corporate, markets and financial services regulator has foreshadowed legal action against companies and market analysts it identifies as having breached market trading rules. In this broadcast, regulatory enforcement specialist Rani John examines ASIC’s recent report about practices in analyst briefings, risks that companies and advisers should be aware of, particular practices that ASIC is critical of and expected further activity from ASIC in this area.

28th May 2014

Corporate Advisory Update May 2014

28th May 2014

By Jane Hogan, Rachel Launders, Sally Randall

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

23rd May 2014

Initial reflections on the Financial System Inquiry

23rd May 2014

By Emma Ringland, Christoph van Opstal

Gilbert + Tobin lawyers, Christoph van Opstal and Emma Ringland, discuss the Financial Systems Inquiry.

22nd May 2014

Emissions Reduction Fund – White Paper: Key Elements and Opportunities for Business in Australia

22nd May 2014

By Alison Dodd, Nick Ferguson, Ben Fuller

The White Paper presents the Commonwealth Government’s final design of its Emissions Reduction Fund (ERF) – the central component of the Direct Action Plan to reduce Australia’s emissions by 5% below 2000 levels by 2020. This article sets out the key elements of the ERF, and opportunities for business in Australia.

20th May 2014

A first look at the Financial System Inquiry

20th May 2014

By Jennifer Barron, Paula Gilardoni, Emma Ringland, Christoph van Opstal

This report provides a first look at the initial key submissions to the Financial System Inquiry (Murray Inquiry) focussing on competition and payment systems.

16th May 2014

Australian innovation in an age of internet disruption

16th May 2014

By Peter Leonard

A presentation by Peter Leonard at the Warren Centre for Advanced Engineering Vision30 conference at Sydney Convention Centre on Friday 8 November 2013.

15th May 2014

The International Comparative Legal Guide to Data Protection 2014 edition

15th May 2014

By Peter Leonard, Ewan Scobie

A practical cross-border insight into data protection law. This article appeared in the 2014 edition of The International Comparative Legal Guide to: Data Protection; published by Global Legal Group Ltd, London (www.iclg.co.uk).

14th May 2014

Australian Federal Tax Budget 2014-2015

14th May 2014

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

This year’s Federal Budget (Budget) is the first budget handed down by the Coalition Government since it came to power in 2013. There has been intense speculation and discussion in the media in relation to the Government’s plans for reversing the increasing deficits confronting the Australian economy. The 2014/15 underlying cash deficit is forecast to be in the order of $29.8 billion and is expected to fall to $2.8 billion in 2017/18. In this special Gilbert + Tobin tax publication we explore, the key tax measures which have emerged in the Budget focussing on business taxpayers, those measures which have been announced for the first time on budget night and certain expenditure measures which will be of interest to many of our clients.

13th May 2014

De-identification of personal information and privacy regulation: are we moving forward or backwards?

13th May 2014

By Peter Leonard

One open issue in privacy regulation is appropriate regulation of ‘big data’ analysis of customer transactional data.

12th May 2014

Living with Australia’s New Privacy Laws

12th May 2014

By Peter Leonard

On 12 March 2014 The Federal Privacy Act 1988 was amended by the Privacy Amendment (Enhancing Privacy Protection) Bill 2012. Two months into the changes, G+T Partner and iappANZ director Peter Leonard reviews the practical effect of the changes, continuing uncertainties, possible enforcement areas enforcement and emerging trends and issues.

6th May 2014

Changes to the Security of Payment legislation in NSW

6th May 2014

By Emanuel Confos, Nicole Lojszczyk

On 21 April 2014, amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) commenced. These amendments were significant in a number of aspects and principals and contractors alike will now be required to ensure that their procurement and payment systems accord with the requirements of the Act. Click to learn the four key reforms under the Act.

5th May 2014

Construction, Operation, Regulatory and Bankability Issues for Utility Scale Renewable Energy Projects

5th May 2014

By Alison Dodd, Damian McNair

Over the past 15 years, Australia’s renewable energy market has continued to attract massive interest from developers, contractors, manufacturers, governments and local and international investors.

28th April 2014

Corporate Advisory Update April 2014

28th April 2014

By Jane Hogan, Rachel Launders, Sally Randall

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

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 may 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

WA Resources Update – April 2014

8th April 2014

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 Iron Ore Off-take Agreements, Papua New Guinea’s resources sector, wholly-owned subsidiaries and the amendments to the Companies Act for the African coutnries of OHADA.

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

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.

27th March 2014

Australia Post loses its appeal against Digital Post Australia

27th March 2014

By Claire Bothwell, Lisa Lennon

This was first published in the Australian Intellectual Property Law Bulletin (2014) 27 (2).

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, 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, 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.

Follow Us On TwitterTwitter Logo

Follow Us On LinkedInLinekdIn Logo

Follow us on YoutubeYoutube Logo