Publications
17th May 2013
By Elizabeth Avery, Gina Cass-Gottlieb, Emma Ringland
On Tuesday 14 May (European time), the European Commission conducted dawn raids on BP, Royal Dutch Shell and Norwegian oil and gas company Statoil over allegations of anticompetitive conduct in the oil and biofuel sectors that may have been ongoing since 2002. The London offices of Platts, the world’s leading price reporting agency owned by McGraw-Hill, have also been raided.
16th May 2013
By Paula Gilardoni, Bridget Liedig, Melanie Tan
Co-authored with Janet Hui of Jun He. China’s merger control regime requires the compulsory notification of mergers. In the context of a large global merger, it is typically understood that approvals in China will be required. However, approvals may also be needed in transactions that are smaller and unlikely to be thought of as “global”.
15th May 2013
By Hanh Chau, Peter Feros, Dragan Misic, Andrew Sharp
This year’s Federal Budget (Budget) is the Treasurer’s sixth Budget since Labor came to power in 2007. A deficit of $18 billion has been announced for 2013-14 but the Government says that the Budget should balance in 2015-16 and be in surplus by 2016-17.
15th May 2013
By Darren Fittler
Darren Fittler, lawyer in Gilbert + Tobin’s Third Sector Practice, discusses the reform in the charity sector and its possible impact for corporate foundations.
14th May 2013
By Alexander Danne, Catherine Zahra
Partner Alexander Danne and Senior Lawyer Catherine Zahra, of Gilbert + Tobin’s Melbourne Banking and Finance Team, report on two specific developments of potential interest to Financiers, Sponsors and Investors alike.
7th May 2013
By Peter Feros, Dragan Misic, Andrew Sharp
On 26 April 2013 the Federal Court of Australia handed down a decision on the treatment of a disposal of shares in an Australian listed mining company by a Cayman resident limited partnership.
6th May 2013
By Dianne Banks, Grace Keesing, Kim McGuren, James Pomeroy
Welcome to the latest edition of our @Work newsletter, bringing you key updates in the employment and safety sectors.
1st May 2013
By Melanie Tan, Peter Waters
This article was first distributed at the China Institute of International Antitrust and Investment Symposium in March 2013. It is to be published later this year in a publication produced by LexisNexis.
1st May 2013
By Gina Cass-Gottlieb, Emma Ringland
Given the ACCC’s new strategic approach, what are some strategic “next steps” for businesses engaging in activities relevant to the ACCC’s areas of focus within mergers, enforcement and compliance? This article was first distributed at the China Institute of International Antitrust and Investment Symposium in March 2013. It is to be published later this year in a publication produced by LexisNexis.
30th April 2013
By Alexander Danne, Neil Pathak
Partners Alexander Danne and Neil Pathak provide an overview of some key aspects of the acquisition financing of the Alesco takeover.
24th April 2013
By Jane Hogan, Rachel Launders, Sally Randall
This update provides a summary of key recent legal developments, particularly relevant to in-house counsel.
24th April 2013
This issue provides an overview of key developments throughout March in the competition and regulation sector, including recent ACCC merger reviews, competition and consumer law enforcement and various ACCC authorisations and investigations.
17th April 2013
By Lauren Eade, Lisa Lennon
Different international markets have different price tolerances and other characteristics, and trade mark owners therefore commonly divide the world into territories to maximise return on brand investment.
17th April 2013
By Michael Blakiston, Claire Boyd, David Martino, Phil McKeiver
Welcome to the first edition of WA Resources Update, your regular newsletter about key developments for the Western Australian mining sector. The Update has been prepared by members of Gilbert + Tobin’s leading Energy and Resources team.
11th April 2013
By Lauren Eade, Lisa Lennon
The Madrid Protocol facilitates the international protection of trade marks. Trade mark owners can protect their marks in any of the countries who are members of the Protocol1 by filing a single “international” trade mark registration designating those countries, rather than filing separate trade mark applications for each country. Protection of trade marks in multiple countries via a single international trade mark registration usually significantly reduces management and renewal costs when compared to the management and renewal of individual national trade mark registrations.
10th April 2013
By Andrew De Celis, Bridget Liedig, Peter Waters
The Coalition has announced its alternative broadband policy for Australian homes and businesses. The Coalition has billed its policy as ‘fast, affordable and sooner’ than the Labour Government’s policy, and says that this can be achieved by making a mix of technology choices that meet community needs in a far more cost effective way. In this update we provide an assessment of the Coalition’s policy.
8th April 2013
By Lauren Eade
New trade mark opposition procedures commencing on 15 April 2013 will substantially change the trade mark opposition system in Australia. Trade mark owners will need to take steps to prepare for these.
3rd April 2013
In this month’s edition we look the Foreign Investment Review Board’s policy for 2013, which contains two important substantive changes relating to government-related entities and the types of investments by them.
3rd April 2013
By Deborah Johns
The FIRB has released its policy for 2013, which contains two important substantive changes relating to government-related entities and the types of investments by them that require approval.
3rd April 2013
By Rachael Bassil, Peter Cook
Gilbert + Tobin has contributed the Australian chapter in the Private Equity publication of Getting the Deal Through 2013. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Private Equity 2013, (published in February 2013; contributing editor: Casey Cogut of Simpson Thacher & Bartlett LLP). For further information please visit www.GettingTheDealThrough.com
3rd April 2013
By Peter Feros, Deborah Johns, Adam Laura
Gilbert + Tobin has contributed the Australian chapter in the Private Equity publication of Getting the Deal Through 2013. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Private Equity 2013, (published in February 2013; contributing editor: Casey Cogut of Simpson Thacher & Bartlett LLP). For further information please visit www.GettingTheDealThrough.com
27th March 2013
By Catherine Ellis, Andrew Floro
In TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (13 March 2013), the High Court has confirmed that arbitral awards are final, and can be enforced in the Federal Court of Australia.
25th March 2013
By Jane Hogan, Rachel Launders, Sally Randall
This update provides a summary of key recent legal developments, particularly relevant to in-house counsel, on Legislation, ASIC, ASX and Cases.
22nd March 2013
By Tim Gole
July 2010 marked the commencement of the new national unfair terms regime, embodied in the Australian Consumer Law and the ASIC Act. Last week, the Australian Competition and Consumer Commission (ACCC) released a paper summarising the outcomes of its engagement with industry in relation to the regime.
22nd March 2013
By Emanuel Confos
The decision of Lahey Constructions Pty Limited (Lahey) v Trident Civil Contracting Pty Limited (Trident) [ 2013 ] NSWSC 176 of his Honour Justice Stevenson on 8 March 2013 has given some relief to those parties having to respond to payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the [...]
18th March 2013
By Peter Leonard
The Australian Government’s media regulation reform package, introduced into the Federal Parliament on 14 March 2013, has given a prominence to privacy law and Australian news and current affairs journalism which is unusual, unexpected and unprecedented.
15th March 2013
By Rachael Bassil, Peter Cook, Sarah Duerdoth
ASX has formalised its timetable for fast-track listing applications for IPOs using a pathfinder prospectus or PDS. The timetable is consistent with the ASX’s current approach to assessing listing applications in the context of up-front bookbuild structures.
14th March 2013
By David Clee, Adam D'Andreti, John Williamson-Noble
ASX has just released the final guidance note on the continuous disclosure provisions of the ASX Listing Rules. It is due to come into force on 1 May 2013.
12th March 2013
By Oliver Damian, Peter Waters
Are you sick and tired of searching multiple websites and publications to find that piece of telco-related legislation or information you are looking for? We have launched the “Telco Navigator” – an iPad app designed for people working in Australia’s telecommunications industry.
8th March 2013
Covering key developments in the competition and regulation sector during January and February, this issue provides an overview of recent ACCC merger reviews, judicial decisions and proceedings, consumer law enforcement and various ACCC authorisations and investigations.
8th March 2013
By Deborah Johns
The Foreign Investment Review Board (FIRB) has released its policy for 2013, which contains three important substantive changes. Click to see the changes.
6th March 2013
By Emanuel Confos, Harriet Oldmeadow
The National Australian Built Environment Rating System (NABERS) is a national rating system that measures the environmental impact of a building, tenancy or home and now data centres.
1st March 2013
By Lauren Eade, Lisa Lennon, Anna Smyth
The Australian Government has introduced a number of legislative reforms to the IP system in relation to trade marks. These changes commence on 15 April 2013. Click to read the changes.
28th February 2013
By Gail Spark, Sarah Turner
After a prolonged period of uncertainty for shareholders and the market, Cathay Fortune Investment Limited has walked away from its A$830 million hostile takeover bid for emerging copper developer Discovery Metals Limited and the aftermath has been anything but quiet. Both bidder and target have urged ASIC to put on its agenda the improvement of policies regarding disclosure during takeover bids. The Chairman of Discovery Metals Limited has also asked for a policy position on the use of “self-defeating” bid conditions.
28th February 2013
By David Clee, Rachel Launders, Andrew Whittingham
The decision of the Federal Court in Nine Entertainment Group Limited, in the matter of Nine Entertainment Group Limited (No 1) [2012] FCA 1464 put to rest any doubt that it is possible to use a creditors’ scheme of arrangement to effect a reconstruction by a debt to equity swap.
28th February 2013
In this month’s edition we look at the decision of the Federal Court in Nine Entertainment Group Limited, in the matter of Nine Entertainment Group Limited (No 1) [2012] FCA 1464 and Cathay Fortune to pull the pin on the takeover of Discovery Metals.
27th February 2013
By Tim Gole, Greg Shinsky
Complex ICT projects regularly involve high degrees of risk, are frequently subject to substantial cost and time overruns and, importantly, often fail to deliver promised benefits. Failed ICT projects in the private sector, particularly in Australia, rarely end in litigation and are rarely subject to public scrutiny. Failed public sector projects, on the other hand, are sometimes subject to auditor-general or similar types of investigations, which provide valuable insights into what went wrong.
25th February 2013
By Jane Hogan, Rachel Launders, Sally Randall
This update provides a summary of key recent legal developments, particularly relevant to in-house counsel, on Legislation, ASIC, ASX and Cases.
14th February 2013
By Emanuel Confos, Dany Shalak
In a perfect world, principals and contractors (and contractors and subcontractors) would finalise all aspects of their deal and record it fully in a written, signed contract before any work was performed or expenditure incurred. In reality, however, the parties are often under commercial pressure to commence preliminary works as soon as possible and turn to a “letter of intent” (LOI) while they continue to negotiate the main contract.
6th February 2013
By Andrew Floro, Colleen Platford
The High Court of Australia has found that Google is not responsible for the content of third party ads displayed on its search results pages.
5th February 2013
By Elizabeth Avery, Charles Coorey, Paula Gilardoni
On Monday 4 February the ACCC commenced proceedings against Visa alleging misuse of market power and exclusive dealing in relation to the supply of dynamic currency conversion (DCC) services.
4th February 2013
By Andrew Bullock, Marcello Cardaci, Peter Cook, Neil Pathak
What does 2013 hold for the Australian M&A market? Gilbert + Tobin’s 2013 State of the M&A Nation Report considers the big issues and our forecasts for the 2013 M&A market.
1st February 2013
By Emanuel Confos, Nicole Lojszczyk
On 6 September 2002, Mr and Mrs Wheeler (appellants) contracted with the building company Ecroplot (respondent) to have a home built for them. The contract was a standard form contract which contained a warranty given by the builder that “the building works will be performed in a proper and workmanlike manner and in accordance with the plans and specifications attached to this contract.”
1st February 2013
By Emanuel Confos, Harriet Oldmeadow
On 2 October 2007, the defendant property developer entered into a construction contract with the plaintiff builder for the construction of a mixed commercial and residential development in Sydney (“the Contract”). Notably, the developer as Principal was also appointed as Superintendent under the Contract.
31st January 2013
By Jessica Karasinski, Sarah Turner
Knights Capital Group Limited’s application to the Takeovers Panel alleged that a significant shareholder’s actions in seeking to remove and appoint directors meant that the shareholder was not holding the shares as a bare trustee and therefore could not rely on the section 609(2) “bare trustee” exception to the prohibition in section 606. Having accepted an undertaking from the shareholder, the Panel considered ASIC was best placed to make further enquiries into the shareholder’s role and the bare trustee exemption.
31st January 2013
By David Clee, Alex Kauye
The approach recently taken by the independent board committee of Engenco Limited in relation to the takeover bid by Elph Pty Ltd is a timely reminder that the recommendation options available to target directors extend beyond the standard yay or nay.
31st January 2013
In this month’s edition we look at the approach recently taken by the independent board committee of Engenco Limited in relation to the takeover bid by Elph Pty Ltd and Knights Capital Group Limited’s application to the Takeovers Panel.
21st January 2013
By Miles Foran, Romany Webb, Luke Woodward
20 years on – The substantial lessening of competition test in Australia merger law. The 20 year anniversary of the introduction of the substantial lessening of competition test as the standard for merger review under Australian competition law.
17th January 2013
By Peter Leonard
The Australian Government has released its initial limited response to the Convergence Review Committee’s recommendations made in March 2012, addressing free to air television.
17th January 2013
By Jane Hogan, Rachel Launders, Sally Randall
This update provides a summary of key recent legal developments, particularly relevant to in-house counsel, on Legislation, ASIC, ASX and Cases.
