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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 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 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.

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