Menu

Publications

Out Perform G+TLaw

25th May 2015

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

25th 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.

23rd March 2015

Data Crisis Management: The good, the bad and the ugly

23rd March 2015

By Peter Leonard

Responses to high profile and high impact data breaches require particular care and integration of C-suite, legal and regulatory, public affairs and media teams. Gilbert + Tobin partner Peter Leonard examines how legal and regulatory counsel can facilitate this process. This article was published in the March 2015 edition of of ACLA.

19th March 2015

Asia Region Funds Passport

19th March 2015

By Peter Reeves, Georgina Willcock

Special Counsel Peter Reeves and Lawyer Georgina Willcock provide an overview of The Asia Region Funds Passport (Passport) – an initiative to facilitate the offer of interests in certain collective investment schemes (CIS) established in Passport member economies to investors in other Passport member economies.

16th March 2015

Crowd Sourced Equity Funding – update 16 March 2015

16th March 2015

By Richard Davey, Peter Reeves

The Australian Treasury has recently published its discussion paper, Crowd-sourced Equity Funding, drawing on submissions relating to CAMAC’s proposals (see our previous update) and the existing New Zealand regulatory framework for crowd funding.

12th March 2015

The Metadata Retention Debate rages on

12th March 2015

By Peter Leonard

Updated – 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. This article was published in the February/March 2015 edition of the internet law bulletin.

11th March 2015

Going grey reasonably privately

11th March 2015

By Peter Leonard

Peter Leonard, Partner Gilbert + Tobin and Director iappANZ discusses how the sensible application of risk management principles to evaluate the effectiveness of technical, operational or contractual safeguards will often lead to controversial and sometimes uncertain conclusions. This article was first published in the iappANZ journal, March 2015.

9th March 2015

ACCC loses case against Pfizer for misuse of market power

9th March 2015

By Simon Snow

Gilbert + Tobin partner Simon Snow discusses the outcomes of the Federal Court case ACCC v Pfizer Australia Pty Ltd.

2nd March 2015

Institutional shareholder activism: new draft guidance from ASIC provides a refresher on association

2nd March 2015

By Wendy Hsu, Nirangjan Nagarajah, Craig Semple

Consistent with global trends, shareholder activism, particularly by institutional investors, has been on the rise in Australia, grabbing headlines in the recent times.

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.

25th February 2015

ACCC releases its priorities for 2015

25th February 2015

By Paula Gilardoni

Gilbert + Tobin Partner Paula Gilardoni discusses the ACCC priorities for 2015.

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

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.

20th January 2015

Internet data retention in Australia: new controversies and complexities

20th January 2015

By Peter Leonard

Internet data retention is back on the political agenda.The Telecommunications (Interception and Access)Amendment (Data Retention) Bill 2014 (Cth) was tabled by the Minister for Communications, Malcolm Turnbull MP, in the Australian parliament on 30 October 2014. The controversy started immediately.

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, Christopher 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

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.

Follow Us On TwitterTwitter Logo

Follow Us On LinkedInLinekdIn Logo

Follow us on YoutubeYoutube Logo