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Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
Insight 23 Jun 2020

As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...

Annual members' meetings for superannuation funds – physical, electronic hybrid or virtual?
Insight 23 Jun 2020

In May, the Federal Treasurer used emergency powers to temporarily modify the Corporations Act 2001 (Cth) to facilitate the holding of public company shareholder meetings virtually, without any attendees required to be physically present. We take a look at the SIS Act requirements, ASIC statements, and the implications for holding members' meeting in the current environment. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 23 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

What are the trade implications of COVID-related government subsidies?
Insight 23 Jun 2020

Members of Australian industry, importers and exporters should consider the impact of government subsidies on their business operations and related anti-dumping and countervailing duty measures or risk. ...

Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 19 Jun 2020

Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...

Major changes to Queensland petroleum royalties scheme
Insight 19 Jun 2020

The Queensland Government has announced major reforms to its petroleum royalties regime which will come into force from 1 October 2020. This, and the royalty rates ultimately set, will have implications for the future returns on Queensland petroleum projects. Producers should also review any existing private arrangements that may have relied on the existing wellhead value approach to ensure any unanticipated consequences are resolved prior commencement of the new regime. ...

Amendments to PNG Mining Act and Oil and Gas Act
Insight 18 Jun 2020

The Parliament of PNG has passed a series of amendments targeting the mining, oil and gas industries. We examine the significance of these amendments and the likely next steps.  ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

Targeting net zero: climate change is putting governance to the test
Insight 16 Jun 2020

It is a financial imperative to actively navigate the risks and opportunities that the carbon transition presents. It follows, therefore, that corporate strategy in relation to climate risks and opportunities is no longer appropriately housed solely in Environmental, Social and Governance (ESG) or s ...

Report: National Electricity & Gas Rules Update: May 2020
Insight 16 Jun 2020

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of May, as well as take a closer look at WA's proposed Access Code changes and how they seek to transform the State's power system. ...

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