News & Analysis as of


Cricket’s Ball-Tampering Scandal: 10 Lessons for Financial Services

by Latham & Watkins LLP on

A recent sports scandal provides helpful guidance for current efforts to improve conduct and culture in the financial services industry. Introduction - The Australian cricket team is coached by a popular ex-player,...more

Currents - Energy Industry Insights - April 2018 #3

An Interview with Bill Raney, President of West Virginia Coal Association - Nick Preservati, Co-Chair of Spilman's Energy Practice Group, recently sat down with Bill Raney, President of the West Virginia Coal Association...more

Consultation Process on Ipso Facto Insolvency Regulations Begins

by K&L Gates LLP on

In September 2017, the Australian government introduced the most significant reforms to Australia's insolvency regime for the past 30 years with the enactment of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2)...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

One firm and three of its officers were named as defendants in a Commission enforcement action that could have been cloned from earlier remarks of Chairman Clayton about cryptocurrency. In one speech the Chairman decried...more

Supreme Court provides guidance on new protections for off-the-plan purchasers

by Dentons on

In its first substantive decision on recently-introduced protections afforded to purchasers of off-the-plan developments, the Supreme Court of NSW has provided valuable guidance on when, and on what terms, it will permit...more

Australia’s Financial Intelligence Agency Implements AML Regulation of Digital Currencies

by Ballard Spahr LLP on

Australia announced on April 11 that all digital currency exchanges operating in the country will be regulated by the Transaction Reports and Analysis Centre (“AUSTRAC”), the country’s financial intelligence agency. ...more

Changes to Australia's Skilled Migration Visa Framework

by K&L Gates LLP on

On 18 March 2018, the new Temporary Skilled Shortage (TSS) visa framework commenced and replaced Australia's 457 (Temporary Short Stay) visa regime. The stated purpose of the TSS visa is to address labour shortages by...more

Australia's Fines Not High Enough: The ACCC Redoubles its Focus and Sets out its Priorities

by K&L Gates LLP on

In Brief - Rod Sims, Chairman of the Australian Competition and Consumer Commission (ACCC) has said that companies must be fined more for breaching Australian competition and consumer laws. ...more

Australia IPO Series – Part 1: What to consider before you list on the ASX?

by Dentons on

Before the decision is made to list a company on the ASX careful consideration needs to be given to the ramifications of such a move. Listings can allow founders to exit and entities to access fresh capital for expansion...more

Australia's Proposed Modern Slavery Act May Impact American Companies

by FordHarrison on

U.S. companies with operations in Australia may soon be impacted by the establishment of a new Modern Slavery Act (the MSA) in Australia....more

Asia Region Funds Passport Legislation Introduced to Parliament

by K&L Gates LLP on

On 28 March 2018, the Corporations Amendment (Asia Region Funds Passport) Bill 2018 (Bill) was introduced to Parliament. The introduction of the Bill reinforces the Government's commitment to the Asia Region Funds Passport...more

Waste not, want not - Queensland's waste to energy market

by DLA Piper on

Waste to energy (W2E) might be a winner out of Queensland's waste levy debate, but there is some ways to go. It all started with a Four Corners investigation in August 2017. The report alleged that trucks from south of the...more

Anti-bribery law reforms: what to expect

by Dentons on

On 28 March 2018, the Senate Economics References Committee released its report into foreign bribery. Businesses should take note of the potential changes in this space, as the report contains numerous recommendations which...more

Victorian Court of Appeal in Façade Treatment Case was "Plainly Wrong"

by K&L Gates LLP on

What you need to know in light of Seymour Whyte - Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) The NSW Supreme Court recently handed down its decision in the matter of Seymour Whyte Constructions Pty Ltd v...more

Strengthening Australia's foreign bribery framework - Senate Report into Foreign Bribery

by DLA Piper on

The Commonwealth Senate Standing Committee on Economics (the Senate Committee), following an inquiry launched in 2015 (see here for our briefing paper on the inquiry) recently released its long-awaited report on foreign...more

Bioenergy Australia And QUT Make Case For Government Policies Driving Bioenergy Industry

On March 28, 2018, Bioenergy Australia and the Queensland University of Technology (QUT) released “Biofuels to bioproducts: A growth industry for Australia.” The paper calls for the implementation of a Five-Point Plan...more

Antitrust Alert: ACCC Pushes for General Safety Provision on Sale and Marketing of Products

by Jones Day on

The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards the introduction of a General Safety provision within the...more

UK and Australian Regulators Agree Enhancements to FinTech Bridge

by Shearman & Sterling LLP on

The U.K. Financial Conduct Authority and the Australian Securities and Investments Commission have signed an enhanced cooperation agreement on FinTech innovation. The new agreement supersedes the previous cooperation...more

Proposed integrity measures affecting stapled structures, MIT structures and foreign investors

by DLA Piper on

On 27 March 2018, the Treasurer announced a series of proposed integrity measures which will affect stapled structures, managed investment trust (MIT) structures and certain foreign investors (including those not in stapled...more

OTA & Travel Distribution Update - Australian Competition Authorities re-think "narrow" parity; Keyword prohibitions the subject...

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update is below. This week’s Update features a number of familiar stories....more

Class Actions in Australia—2017 Year in Review

by Jones Day on

Twenty-five years after the introduction of Australia’s federal class action regime, class action law remains a significant element of the country’s litigation landscape. Enhancements to Australia’s class action jurisprudence...more

The President Giveth and The President Taketh Away: Exemptions and Exclusions to the Trump Steel Tariff

by Seyfarth Shaw LLP on

Country-Specific “Exemptions” - Last week Seyfarth Shaw published an alert concerning the 25% global tariff on imported steel articles, which commenced at midnight on March 23, 2018, and which would have applied to the...more

It’s Not Cricket – Ethics on the Pitch

by Thomas Fox on

The Aussies are in the midst of a Test Series against South African and were tied 1-1 and decided they need a bit of leg up. According to reports, the entire leadership team of the Australian national team decided to cheat by...more

Australia takes the lead on digital identity

Australia is setting the pace on digital identity, though concerns remain over privacy protection and digital inclusion. Ahead of the Australian Regulatory Summit on 11 April, we look at how this progress is being achieved....more

Unfair contract terms for small businesses

by Dentons on

All lenders need to review their loan agreements following the release of ASIC’s Report 565 into ‘Unfair Contract Terms and Small Business Loans’....more

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