Australia

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Competition and consumer law update for the food and beverage sector | Insights | DLA Piper Global Law Firm

Results of a Food and Grocery Code of Conduct supplier survey suggest retailers can improve compliance with the Code - One year has now passed since Australia's two major supermarkets signed up to the Food and Grocery...more

How about the 'Service'? Does Casual Employment Count?

A recent decision of the Full Bench in AMWU v Donau Pty Ltd [2016] FWCFB 3075 (Donau) has held that a permanent employee's initial regular and systematic casual employment will now be included in their service period for...more

Health Alert (Australia) August 22, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Australian Capital Territory (ACT) 15 August 2016 Calvary Hospital Auxiliary Inc v D'Amico [2016] ACTCA 39 - The appellant,...more

After Adopting the “Fraud-on-the-Market” Presumption of Reliance, Australia is Poised to Become a Plaintiff-Friendly Venue

The United States is a popular location for securities class actions, due in large part to its reputation as a generally plaintiff-friendly system. A key contributor to that reputation is the acceptance of the...more

This Week In Securities Litigation

An investment banker who repeatedly tipped his father on about pending mergers was found guilty of insider trading by a jury this week. The Commission brought another action based on the whistleblower protections where the...more

The widening net of accessorial liability in Australia

The Fair Work Act 2009 (Cth) (the Act) is a principal piece of employment legislation in Australia. Among other things, it sets out minimum terms and conditions of employment (the "National Employment Standards"), prescribes...more

HR Managers may end up footing bill for employee underpayments

HR Managers are being personally targeted for underpayments made by their companies and imposition of penalties in a new crackdown by the Fair Work Ombudsman....more

You get to write the script for this story…

Effective restraints of trade protect businesses which rely heavily on human capital from damage that sometimes can’t be undone. These restraints – usually sitting in an employment contract – can be a key business asset....more

ESMA Advice Extending the AIFMD Passport: Including the United States, Hong Kong, Singapore and Switzerland

On 18 July 2016 the European Securities and Markets Authority (ESMA) published its advice to the European Parliament, the Council and the Commission on the application of the Alternative Investment Fund Managers Directive...more

Media, Sport and Entertainment Intelligence - August 2016

The Rio 2016 Summer Olympics have been dominating the headlines worldwide for a number of reasons, ranging from broadcasting options, including virtual reality, through to doping accusations. Some of these issues are as yet...more

Freedom of contract prevails as the Paciocco class action draws to a close

The recent decision by the High Court in Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28 marked the end of a long representative action involving bank fees for late credit card bill payments. The...more

Are You Ready for the Extension of the Unfair Contract Terms Regime to Small Business?

In Brief: Since 2010, the Australian Consumer Law (ACL) and the ASIC Act have prohibited and made void terms in standard form contracts with consumers that were unfair. From 12 November 2016, the Unfair Contract Terms...more

Intellectual Property and Technology News (Asia Pacific) August 2016

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Australian Regulators Approve Samsung Bioepis’s Etanercept Biosimilar Brenzys

On July 22, 2016, Australia’s Therapeutic Goods Administration approved Samsung Bioepis’s biosimilar of Amgen’s Enbrel (etanercept), which is approved for treatment of rheumatoid arthritis. Samsung Bioepis’s product, called...more

Are you Ready for the Extension of the Unfair Contract Terms Regime to Franchise Agreements?

Since 2010, the Australian Consumer Law (ACL) and the ASIC Act have prohibited and made void terms in standard form contracts with consumers that were unfair. From 12 November 2016, the Unfair Contract Terms regime (UCT...more

Health Alert (Australia) July 25, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth 21 July 2016 - NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC...more

The Trans-Pacific Partnership Series - Navigating a new era of trade in the Pacific-Rim

The Trans-Pacific Partnership (TPP) presents enormous opportunity for members of the infrastructure and construction sector to grow and diversify, both domestically and globally. In this Part 2 of our two-part series on the...more

A word of advice, on advice

Are you getting the best advice when it comes to health and safety compliance? When we deliver legal briefings, both in Australia and internationally, top-of-mind for Boards and Senior Executives is the health, safety...more

Australian insolvency law reforms aim to increase business restructuring opportunities

The Australian government is working to significantly reform Australia’s current insolvency laws by mid-2017. The reforms are intended to achieve greater likelihood of business preservation by introducing the flexibility...more

ESMA Advice on Extending the AIFMD Passport to Non-EU Countries

ESMA sees no significant obstacles to extending the AIFMD passport to nine key countries. The European Securities and Markets Authority (ESMA) has published advice to the European Commission, the European Parliament, and...more

Australian Competition Law - Update for the aviation industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified in our update present both opportunities and risks. DLA Piper has significant experience in the...more

Queensland WorkCover amendments to render contractual indemnities void

It is a serious matter to interfere with the rights of parties to agree between themselves to whatever contractual terms they chose. There is currently a Bill before the Queensland parliament [1] proposing a significant...more

Queensland State Government publishes new Wind Farm State Code

The Wind Farm State Code (Code) will take effect on 22 July 2016. The Code is the outcome of an extended consultative process involving two rounds of public consultation on draft versions of the Code released in early 2014...more

The Financial Report, Volume 5, Number 13

On June 23, just hours after we published our last edition, the United Kingdom voted to exit the European Union. Brexit, as it has come to be known, immediately raised a number of issues of potentially enormous significance...more

Health Alert (Australia) July 18, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 13 July 2016 - Inquest into the death of Geoffrey Scott Noakes Mr Noakes was a 43 year old with a...more

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