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Misleading or Deceptive Conduct Claims on Projects in Australia

A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more

Substantial Strengthening of Australia's Foreign Bribery Laws: Are Your Procedures up to Scratch?

The Situation: The Australian Federal Parliament has passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 ("Act"), some six years after a bill to create a 'failure to prevent' foreign bribery offence...more

New Global Enforcement Regime: UK Signs Up to 2019 Hague Convention

The Situation: On January 12, 2024, the United Kingdom signed up to the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("Hague 2019")....more

Considerations for Addressing DOJ’s Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more

Australia: Solicitors' Duties to Witnesses in Civil Cases Who May Be Exposed to Criminal Charges or Other Penalties

In Short  - The Situation: The Victorian Court of Appeal in Australia has delivered a decision with guidance to lawyers on their duties when dealing with witnesses in civil cases where there is a risk that the witnesses'...more

No Exceptions to Procedural Requirements Under Australia's Security of Payments Legislation

The Situation: For over a decade, all Australian jurisdictions have had in place security of payment ("SOP") legislation—statutory regimes providing for the submission and payment of progress claims, and resolution of payment...more

Bank Guarantees in Australia: As Good as Cash?

In Short - The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case...more

ACCC Warns Against Bid Rigging in Public Tenders

The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. ...more

Construction Lockdown: Potential Impact of COVID-19 on Construction Projects in Greater Sydney

Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....more

Australia-U.S. Cooperation in Criminal Cases

U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States—even without having offices or any physical presence in the United...more

Australia Obtains First "Misuse of Market Power" Settlement Under Amended Competition Law

Australia's competition authority settles allegations that port operator misused its market power. The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the...more

Expert Determination Clauses: A Tailored Alternative for Construction Projects?

The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these...more

China Releases Rules to Address Extra-Territorial Applications of Foreign Laws

The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more

Amendments to Queensland Security of Payment Legislation

The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more

The Future Direction of Corporate Criminal Responsibility in Australia

On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more

Security of Payment Legislation in Australia

Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more

Stage 4 Restrictions Move Many Victorian Construction Projects on to the Back Burner

The government's latest restrictions will impact owners, contractors, and suppliers. The Victorian Government has moved the Victorian construction industry to a "pilot light" status from 5 August 2020, until at least 16...more

Australia: A Safe Haven for Enforcement of ICSID Awards - A recent decision in Australia opens the door for recipients of...

In 2019, companies incorporated in England, Luxembourg and the Netherlands were awarded €229 million against the Kingdom of Spain in an investor-state arbitration. On 24 February 2020, the Federal Court of Australia enforced...more

ALRC Proposes Significant Reforms for Australia's Corporate Criminal Liability Regime

The Situation: The Australian Law Reform Commission ("ALRC") has released its much anticipated Discussion Paper on Australia's corporate criminal responsibility regime, which provides the ALRC's preliminary views in relation...more

Changes Ahead for Australia’s Corporate Criminal Liability Regime

The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more

Anti-Corruption Regulation Survey of 42 Countries 2019

Welcome to the 2019 edition of the Jones Day Anti-Corruption Regulation Survey of Select Countries. Since the 2017–2018 edition of this Survey, there has continued to be an increasing awareness among multinational companies...more

Will Changes Reduce Confusion in New South Wales Security of Payment Laws? - Participants in the NSW construction industry need to...

On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2018 and...more

Australian Government Announces Proposal for New Federal Corruption Watchdog

The Situation: The Federal Government has introduced a proposal to create a Commonwealth Integrity Commission ("CIC") to replace the current "multiagency approach" to integrity and anticorruption arrangements of the federal...more

Australian Senate Economics Committee Hands Down Report on Corporate Tax Avoidance

The Commonwealth Senate Economics Committee (a standing committee composed by members of the upper house of Parliament) handed down its long-awaited final report on corporate tax avoidance in Australia. The final report is...more

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