Australia

News & Analysis as of

High Court Rejects Appeal on Class Action Funding

Representative proceedings (or class actions) have recently come under increased scrutiny in both the policy and commercial contexts. The High Court recently rejected special leave to appeal from the Victorian Court of...more

Guide To Doing Business in Australia: Competition and Consumer Protection (Updated)

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction to...more

Competition & Regulation Update: Good News For The Private Health Insurance Sector… But How Long Will The Wait Be?

In our update on 10 April 2015, we highlighted the key recommendations of relevance to the private health insurance industry contained in the final report of the Competition Policy Review Panel chaired by Professor Ian Harper...more

Supreme Court of Tasmania reminds insurers how to interpret common exclusion clauses

In Hammersley v National Transport Insurance, the Full Court of Tasmania’s Supreme Court examined the authorities on the meaning of “accidental”, “recklessness” and “used in an unsafe or unroadworthy condition” – terms which...more

Guide To Doing Business in Australia - Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of...more

SEC Charges Australian Mining Company for FCPA Violations Arising from Its Hospitality Program at the 2008 Beijing Olympics

On May 20, 2015, the U.S. Securities and Exchange Commission (“SEC”) announced a $25 million settlement with Australian mining company BHP Billiton (the "Company") to resolve Foreign Corrupt Practices Act (“FCPA”) charges...more

FIO Director Testifies On The Impact Of International Regulatory Standards On The Competitiveness Of U.S. Insurers

The Director of the Federal Insurance Office (FIO), Michael McRaith, recently testified before the House Financial Services Subcommittee on Housing and Insurance regarding the impact international regulatory standards have on...more

Enforceability Of Reasonable Endeavours And Good Faith Obligations In Mous And Lois - IPT Update

Obligations to "use reasonable endeavours" and "negotiate in good faith" are often found in commercial agreements, and are a particularly common feature of preliminary agreements such as Memoranda of Understanding (MOU),...more

Health Alert (Australia) - May 18, 2015

In This Issue: Judgements; Legislation; and Reports. - Excerpt from Judgments: Queensland - 8 May 2015 - Vega Vega v Hoyle [2015] QSC 111 - The Queensland Supreme Court has held that...more

Business Travel to Australia with a Criminal Background

2015 marks the 75th anniversary of diplomatic relations between the United States and Australia. In 1940, the two countries established diplomatic relations following the United Kingdom's recognition of Australia's domestic...more

Cyber Resilience for Financial Services Entities

In March this year, the Australian Securities and Investments Commission (ASIC), issued Report 429 Cyber resilience: Health check (REP 429). The report aims to highlight the importance of cyber resilience for entities...more

Client Update: Technology And Sourcing Update

POST BUDGET - What it means for digital innovation and emerging technology: The theme of the 2015 Budget encourages Australian Government entities to proactively reform the way they do business. Specifically,...more

Guide To Doing Business in Australia: Taxation (Updated)

TAXATION - It is not possible to give a complete outline of the scope of the taxation system in this guide. A brief outline of the basic taxation principles and some of the major forms of taxation are discussed...more

Australian Tax Update: Australian Budget 2015-2016

The Australian Government has released a measured but significant 2015-2016 Federal Budget. The three main tax changes include a focus on multinational tax avoidance by introducing new targeted non-resident anti-avoidance...more

Employment Update: Federal Budget 2015 Changes To The Paid Parental Leave Scheme

The Federal Government has announced as part of the Federal Budget radical changes to the interplay between the current government funded parental leave scheme and any similar paid schemes operated by employers. Under...more

Are They Independent Contractors? Don't Hedge Your Bets on the Entrepreneur Test

A Full Court of the Federal Court of Australia (Full Court) in Tattsbet Limited v Morrow [2015] FCAFC 62 (11 May 2015) has upheld an appeal by Tattsbet Limited (Tattsbet) that a former agency operator was a contractor,...more

Proportionate liability now dead for financial planners?

On May 13th, The High Court significantly diminished (and arguably removed) the benefit of proportionate liability provisions in the Corporations Act and the ASIC Act in its judgment of Selig v Wealthsure Pty Ltd [2015] HCA...more

Guide To Doing Business in Australia: Company Law (Updated)

COMPANY LAW - Some general matters relating to company law in Australia are discussed below. REGULATORY SCHEME - The Corporations Act principally regulates companies, their incorporation, the acquisition of...more

What is the Current State of Anti-Bribery Compliance & Enforcement in Australia? [Video]

On March 13th, 2015, GRC Solutions hosted a Round-Table discussion with compliance and legal professionals from some of the largest firms in Australia. I was invited as an Anti-Bribery, Compliance and Ethics consultant via...more

Federal Budget 2015: What it Means for Employers

On 12 May 2015, Treasurer, Joe Hockey, delivered the Coalition Government's second budget. A key part of the budget is the Government's AUD5.5 billion 'Jobs and Small Business' package, aimed at assisting small businesses and...more

Supreme Court (Victoria) Confirms Position on GST & Damages Awards

The recent Victorian Supreme Court decision Millington v Waste Wise Environmental Pty Ltd [2015] VSC 167 confirms that a damages award should generally be calculated on a GST exclusive basis where the plaintiff is entitled to...more

Australia: WADA Appeals Essendon Anti-Doping case

The World Anti-Doping Authority (WADA) has released a statement announcing their decision to appeal the Australian Football League (AFL) Anti-Doping Tribunal’s decision to clear 34 past and present AFL players for alleged...more

Health Alert (Australia) - May 11, 2015

In This Issue: Judgments, Legislation; and Reports and Publications. Excerpt from Legislation: Commonwealth - 5 May 2015 - Australia New Zealand Food Standards Code — Standard 1.4.2 — Maximum Residue...more

Guide To Doing Business in Australia - Regulation of Foreign Investment (Updated)

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign investor must consider when planning to invest in Australia is the impact of Australia’s foreign investment policy. REGULATION - Foreign...more

Life Sciences Spotlight - Asia Pacific - Issue 5, 2015

In This Issue: - Harper Review Dispenses Important Recommendations For The Life Sciences Sector - Pharmaceutical Patent Term Extensions In Australia - PRC Anti-Corruption Regime 101 - Revisions To The Medicines...more

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