News & Analysis as of

Australia

Funds Should Gear to Tap into U.S. Infrastructure Growth

by K&L Gates LLP on

Last week, investors from all over the world gathered in Washington for the annual SelectUSA Investment Summit. Despite what were sometimes pessimistic headlines, the message they heard was clear: America is open for business...more

Blink and You'll Miss It - NSW Defect Bond Scheme Postponed and Email Service Gets the Green Light under the NSW SOP Act

by K&L Gates LLP on

The NSW Parliament has today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (the Bill). The Bill has broad reaching implications for many participants in the building and...more

Safe harbour and ipso facto reform in Australia

by DLA Piper on

Long-awaited law reform to bring Australia's insolvency regime into step with many of its trading counterparts is slated to be enacted in the second half of 2017. The text of the law is currently before parliament for debate....more

The Australian Innovation Patent: The threshold for patentability may be higher than you think

by FPA Patent Attorneys on

A June 2017 decision of the Australian Patent Office highlights when claims in an innovation patent may be found novel, but lacking in innovative step. The decision highlights that the inquiry into innovative step is...more

Cannabis companies: Think twice about ‘Alternative Public Offerings’

by Thompson Coburn LLP on

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and...more

Changes to competition law: The Misuse of Market Power Bill

by Dentons on

The Senate is currently considering changes to the misuse of market power provisions in section 46 of the Competition and Consumer Act 2010 (Cth)....more

Health Alert (Australia) 19 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 9 June 2017 - Health Services Union v St John of God Health Care [2017] FWC 2981 - Alleged dispute arising under an enterprise...more

A reminder why certainty in contracts is so important

by Dentons on

In the recent New South Wales Court of Appeal decision Port Macquarie-Hasting Council v Diveva, the Court considered the contractual interpretation of a renewal clause. The clause was phrased in general terms and did not...more

Australian Insolvency Reforms - The Harbour Appears Safer Than it Was

by K&L Gates LLP on

On 1 June 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 (Bill) was introduced to the House of Representatives. The Bill introduces amendments to the Corporations Act 2001 (Cth) (Act) that are...more

Increased focus on global privacy and data protection for Australian organisations

by DLA Piper on

With the continuing uncertainty following the UK general elections result, it will be interesting to see the new government's approach to Brexit and its future stance on European Union (EU) regulatory requirements,...more

Projects Disputes in Australia: Recent Cases

by Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Developer bonds and defect inspection regime postponed again

by Dentons on

The NSW Government has again postponed the commencement of the new developer bond and defect inspection regime under Part 11 of the Strata Schemes Management Act 2015 (Act). The regime was proclaimed to commence on 1 July...more

Good news for licensed premises - changes to Three Strikes and licence freeze provisions of the Liquor Act 2007 (NSW)

by Dentons on

Amendments to the Liquor Act were assented to on 1 June 2017, and are expected to commence shortly. They will bring some sensible reforms to the liquor licence freeze and Three Strikes provisions. These changes will be...more

Health Alert (Australia) 12 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 7 June 2017 - Al Muderis v Duncan (No 3) [2017] NSWSC 726 - DEFAMATION – assessment of damage – highly respected orthopaedic...more

Australian Consultation Paper Addresses Regulatory Treatment of Unlisted Chemicals Introduced at the Nanoscale

by Bergeson & Campbell, P.C. on

The Industrial Chemicals Bill 2017 describes the legislative framework for a reformed, risk-based regulatory scheme for Australia to continue to regulate the introduction of industrial chemicals. The Australian government has...more

Report on rapid growth in P2P lending – what does it mean for New Zealand?

by DLA Piper on

Credit activity on FinTech credit platforms around the world has generated significant interest in financial markets, among policymakers and from the broader public. However, there remains a level of uncertainty as to how...more

When is a Right of Entry a Right?

by K&L Gates LLP on

Union officials come on to a construction site arguing that they don't need to comply with Right of Entry laws because they are there to look after a safety concern. You try to get a clear picture of the legal basis of their...more

Australian Minimum Wages to Rise by 3.3%

by Littler on

The Australia Fair Work Commission’s minimum wage panel decision issued on June 6, 2017, has increased modern award minimum wages by 3.3%. The decision also lifts the Australian federal weekly full-time minimum wage from...more

Australian Court Approves Use of U.S. 28 USC § 1782

by Jones Day on

For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more

Mortgage Broker Remuneration Reforms – What You Need to Know

by K&L Gates LLP on

Concerns have been raised by the Australian Government in recent times in relation to the effect of current remuneration structures in the mortgage broking market on the quality of consumer outcomes. During 2016, the...more

Personal liability for false and misleading statutory declarations (and supporting statements) - Fancy putting your home on the...

by Dentons on

The Federal Court in 470 St Kilda Road Pty Ltd v Robinson has found that the declarant of a statutory declaration as to a contractor’s payment of subcontractors, workmen and insurances personally liable under the Australian...more

Development contributions set to rise – an end to the cap and extension of State infrastructure contributions

by Dentons on

On 1 June, the NSW Government announced a package of reforms intended to improve housing affordability. These reforms were said to be focused on assisting first home buyers. However, there are some changes proposed which...more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

What Do You Do When You're Paying Your Employees Too Much?

by K&L Gates LLP on

What does an employer do when it decides that it cannot afford to continue to employ an employee at his or her current remuneration? A recent case of the Fair Work Commission has determined that these circumstances do not...more

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