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24th November 2014

Tougher Penalties for Environmental Offences

24th November 2014

By Nick Ferguson, Ben Fuller

The New South Wales Government has recently passed legislation to significantly increase the penalties for breaches of planning and contamination laws.

24th November 2014

Financial Assurance Update

24th November 2014

By Chris Flynn, Ben Fuller, Peter O'Sullivan, Tim Poisel

The Australian Government has released draft regulations relating to the financial assurance requirements for offshore petroleum activities which are intended to commence from 1 January 2015.

19th November 2014

Corporate Advisory Update – November 2014

19th November 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.

18th November 2014

Corporate Advisory Update – October 2014

18th November 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.

12th November 2014

Cross-border tax structures under the spotlight

12th November 2014

By Peter Feros, Andris Gauja, Rani John, Peter Munro, Andrew Sharp

The regulatory spotlight is now on corporate tax avoidance following news of a global investigation into tax deals negotiated by Australian and foreign companies through Luxembourg and the leaking of more than 300 tax agreements by a group of investigative journalists.

11th November 2014

ASIC facilitates employee incentive schemes with new class orders

11th November 2014

By Mindy Bonomelli, Eugene Tse, Jessica van Rooy

Offers under employee incentive schemes can trigger a range of obligations under the Corporations Act 2001 (Cth) in relation to disclosure and on-sale, financial services licensing, advertising, hawking and the incidental operation of a managed investment scheme.

10th November 2014

Changes to the NSW Waste Regulatory Framework

10th November 2014

By Ben Fuller, Tim Poisel

On 1 November 2014, the majority of the provisions of the Protection of the Environment Operations (Waste) Regulation 2014 (NSW) (New Waste Regulation) came into force.

7th November 2014

Responsible Entities may not have the powers they think they have

7th November 2014

By Stuart Brady, Steven Glass, Adam Laura

The High Court has reminded Responsible Entities (REs) of managed investment schemes to ensure that the actions they take are authorised by the constitution of the scheme.

7th November 2014

Australian privacy law: swimming in the porridge of offshore disclosure

7th November 2014

By Peter Leonard

Gilbert + Tobin partner and iappANZ director Peter Leonard discusses Australian privacy law and cross-border disclosure.

6th November 2014

Your guide to the ACL Consumer Guarantees

6th November 2014

By Kirish Kularajah, Simon Snow

With the ACL Consumer Guarantees continuing to rank highly on the ACCC’s enforcement priorities, now is an appropriate time for businesses to review their practices and policies with regard to the Australian Consumer Law and in particular the consumer guarantees.

3rd November 2014

Internet Data Retention in Australia – A Quick (but Deep) Dive into the new Bill

3rd November 2014

By Peter Leonard

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.

3rd November 2014

ACCC unsuccessful in air cargo proceedings against Air New Zealand and Garuda

3rd November 2014

By Lydia Adkins, Andrew Floro, Angela Ha, Simon Snow

In a judgment handed down today in the Federal Court, Perram J dismissed allegations brought by the ACCC that Air New Zealand and Garuda had colluded between 2001 and 2006 with other airlines to fix surcharges and fees for air cargo services in contravention of the Trade Practices Act 1974 (TPA) (now the Competition and Consumer Act 2010).

31st October 2014

ACCC takes on US based gaming giant Valve Corporation for alleged consumer guarantees breaches

31st October 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses a case where the ACCC commenced proceedings against Valve Corporation alleging false or misleading representation regarding consumer guarantees under the Australian Consumer Law.

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.

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