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Nucleus – corporate law developments: ASIC concludes stub equity consultation; FIRB amending legislation introduced; FIRB updates guidance on tax conditions; proposal to make electronic signing and virtual meetings permanent; and other corporate law developments
Insight 02 Nov 2020

ASIC concludes position on use of stub equity in control transactions; ASX extends emergency class waivers and clarifies ability to ratify use of additional placement capacity; FIRB amending legislation introduced to Parliament; FIRB updates guidance on tax conditions; ACCC to examine competition in mobile apps; Fair Work Commission extends temporary COVID-19 flexibilities in 99 modern awards; Federal Government proposes to make electronic signing and virtual meetings permanent. ...

Australia's second shareholder class action judgment
Insight 26 Oct 2020

In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...

The Ripple effect: unintended consequences of poor international trade mark awareness
Insight 29 Oct 2020

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...

Funds and institutional investors: a pivotal role in the infrastructure-led recovery
Insight 27 Oct 2020

Funds and institutional investors are uniquely positioned to play a pivotal role in this recovery and to respond to the disruption and opportunities that have been presented in infrastructure. ...

A battle with Banksy
Insight 29 Oct 2020

Banksy has lost his trade mark rights to his notorious Flower Thrower artwork in the EU. The EUIPO's decision reflects on bad faith registrations in the EU and offers other important food for thought in the context of trade mark and copyright law. ...

Act fast, act well: Federal Court decision reinforces the importance of robust compliance programs for banks and other financial services licensees
Insight 27 Oct 2020

Chief Justice Allsop of the Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process. It highlights the importance of banks and other financial services licensees having in place robust compliance programs and taking prompt and comprehensive action where possible non-compliance is identified. ...

Privacy Act Review – what you need to know
Insight 03 Nov 2020

We consider the key implications arising from the Attorney-General's long-awaited review of the Privacy Act - a key part of the Government's response to the ACCC's Digital Platforms Inquiry. The review seeks to strengthen privacy protections for individuals and streamline compliance for businesses working across international borders. ...

The ALRC recommendations on criminal responsibility and transnational offending – a sign of things to come?
Insight 30 Sep 2020

The ALRC Report contains a comprehensive review of federal criminal laws and how they apply to companies. It also indicates that federal criminal law may have a role to play in the regulation of human rights impacts arising in the context of international operations of Australian corporations. ...

Double-duty provisions to receive much needed guidance on what constitutes 'land development'
Insight 01 Oct 2020

The Victorian SRO has released a draft revenue ruling in an effort to provide practical guidance as to what types of activities constitute 'land development'. Unfortunately, the Draft Ruling does not overcome the existing uncertainty in some common situations and arguably seeks to expand the types of activities that may be considered 'land development'. ...

National Electricity and Gas rules update: September 2020
Insight 11 Oct 2020

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of September, as well as take a closer look at the ESB's progress on its Post-2025 Market Design. ...

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