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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and Consumer Act 2010 (CCA), which currently apply only to the banking sector are not “fit for purpose” and should be repealed.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 Rachel Launders, 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.

3rd October 2014

Final Vertigan report released

3rd October 2014

By Nicole Lojszczyk, Simon Muys, Peter Waters

On 2 October 2014, the Vertigan Panel (Panel) released the final document in its suite of reports concerning the National Broadband Network (NBN). This final report, entitled “Market and Regulatory Report” (Report), considers the most appropriate overall structure and regulatory framework for Australia’s future including the role of infrastructure based competition and NBN Co’s role in that market.

3rd October 2014

Cutting through the “Harper Review” draft report – what does it mean for you?

3rd October 2014

By Morelle Bull, Simon Muys, Matt Rubinstein

On 22 September 2014, the Competition Policy Review Panel chaired by Professor Ian Harper (the ‘Harper Review’) released its much anticipated Draft Report. In this update, we have tried to cut through the 300-page Draft Report and the Panel’s 52 recommendations, to identify those key proposals that, if accepted, are most likely to impact you and your business or industry.

30th September 2014

Harper Review recommends defence to misuse of market power

30th September 2014

By Paula Gilardoni

Gilbert + Tobin Partner, Paula Gilardoni comments on the Harper Review’s draft report which has recommended an entirely new section 46 of the Competition and Consumer Act.

24th September 2014

Competition Policy Review – big business, small business and market power

24th September 2014

By Gina Cass-Gottlieb, Paula Gilardoni, Matt Rubinstein

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

23rd September 2014

Section 54 of the Insurance Contracts Act: still an insured’s best friend

23rd September 2014

By Andrew Floro, Asia Lenard

Section 54 of the Insurance Contracts Act remains a broad remedial provision to guard against technical policy exclusions. Has your insurer denied indemnity because you breached a policy term? Section 54 may save you.

19th September 2014

Thinking of launching a mobile wallet in Australia?

19th September 2014

By Paula Gilardoni, Emma Ringland

We think the tipping point for contactless payments will be consumers using smartphones to make contactless payments via mobile wallets. To learn more about how the Australian regulatory / legal landscape could affect the roll out of your mobile wallet download the “G+T Insights” App from Google Play or the AppStore .

18th September 2014

Not just policies and padlocks: how inadvertent errors in handling medical records can lead to trouble

18th September 2014

By Peter Leonard

Privacy breaches often arise through errors or inadvertence. Taking reasonable steps to protect information security is about more than putting a lock on a physical or electronic “door”. “Reasonable steps” require active steps to ensure that access controls work over time and are verifiably reliable. First published in the Privacy Law Bulletin (2014) 11(8).

9th September 2014

iPhone 6 could revolutionise digital wallets

9th September 2014

By Emma Ringland

Gilbert + Tobin lawyer Emma Ringland discusses how the iPhone 6, if released with NFC functionality, could revolutionise the uptake of digital wallets.

1st September 2014

The International Investigations Review – Australian Chapter

1st September 2014

By Elizabeth Avery, Peter Feros, Rani John

Rani John, Elizabeth Avery and Peter Feros have contributed the Australian chapter of the fourth edition of The International Investigations Review. The chapter gives an overview of the investigatory powers of the ACCC, ASIC and the ATO and outlines significant developments in enforcement matters in Australia. To download an eBook or PDF version of the entire fourth edition of The International Investigations Review, please visit: http://thelawreviews.co.uk/download/edition/1034/the-international-investigations-review/

29th August 2014

Some Advice on How To Handle Big Data

29th August 2014

By Peter Leonard

A key role for privacy regulators around the world is provision of guidance about how to apply privacy principles to design appropriate privacy settings and options into new business applications. Although national privacy laws differ greatly, regulatory guidance is frequently relevant and useful across multiple jurisdictions and different legislative schemes. This article was first published on The Privacy Advisor on 26 August 2014.

28th August 2014

Independent cost-benefit analysis of broadband and review of regulation

28th August 2014

By Nicole Lojszczyk, Simon Muys, Peter Waters

On 26 August 2014, the Vertigan panel released its second report on the Independent Costs Benefit Analysis of Broadband and Related Regulation which sets out the costs benefits analysis of alternative options for delivering higher broadband speeds to Australian households and businesses.

27th August 2014

The Takeovers Panel provides guidance on intention statements and matching rights in Ambassador Oil

27th August 2014

By Madeleine Brett-Williams, David Clee

The recent decision of the Takeovers Panel in Ambassador Oil and Gas Limited 01 [2014] ATP 14 (Ambassador 01) provides guidance to the market on the Takeover Panel’s current approach to intention statements and matching rights.

27th August 2014

Surveillance of workplace communications: What are the rules?

27th August 2014

By Peter Leonard

Workplace monitoring and surveillance is becoming increasingly common. Take-up is stimulated by decline in the cost of pervasive surveillance across multiple communications modes and devices and increasing convenience of “out of the box” technological solutions for employers. This was first published in the Privacy Law Bulletin (2014) 11(7).

26th August 2014

Corporate Advisory Update | August 2014

26th August 2014

By Jane Hogan, Rachel Launders, 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 August 2014

ACCC targets consumer guarantee compliance

19th August 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses consumer guarantees and business obligations.

19th August 2014

State of the M&A nation: 2014 mid-year update

19th August 2014

By Andrew Bullock, Peter Cook, Neil Pathak, Craig Semple

The first half of 2014 has definitely brought more smiles to dealmakers faces than for many a year. Increased confidence, less uncertainty and economic conditions making internal rates of return on M&A activity more attractive has significantly improved the M&A landscape in Australia. But will this trend continue?

19th August 2014

In-game currencies: in the line of fire?

19th August 2014

By Paula Gilardoni, Angela Ha, Emma Ringland

There has been a stratospheric rise in online and app-based social gaming due to the ubiquity of internet and smartphone use. As these games grow in popularity, consumers of all ages are increasingly willing to exchange “real” money for virtual currency within the game environment. This raises regulatory issues relevant to consumer protection, gambling, anti-money laundering and banking and financial services.

12th August 2014

WA Resources update | August 2014

12th August 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 major trends in the Australian resources sector, the Exploration Development Incentive, the dispute between the receivers for Forge Group Limited and APR Energy and contracts and standard form precedents for energy and resources projects.

7th August 2014

They didn’t register on the PPSR, and now they’re engaged in a $50m dispute

7th August 2014

By John Erbacher, Ros O'Mally

The recent news concerning the dispute between the receivers for Forge Group Limited and APR Energy over approximately $50 million worth of gas turbines has emphasised the risks for companies involved in the equipment lease business since the introduction of the Personal Property Securities Act 2009 (Cth).

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.

29th July 2014

Corporate Advisory Update | July 2014

29th July 2014

By Jane Hogan, Rachel Launders, Sally Randall

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

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.

18th July 2014

Taking stock: The Financial System Inquiry’s Interim Report

18th July 2014

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

The Murray Inquiry’s Interim Report, released on 15 July 2014, is a comprehensive overview of the key themes emerging from the 280 first round submissions from March 2014.

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 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.

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