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In Touch: Digital Platform Services Inquiry Interim Report; ACCC commences proceedings against Agrison; Trivago loses its appeal in the Full Federal Court; and other developments
Digital Platform Services Inquiry Interim Report; ACCC commences proceedings against Agrison alleging false or misleading representations about warranties; appeal on Employsure case; Trivago's loses appeal; Compare the Market acquisitions of iSelect under review; ADT Security to refund customers and remove or amend unfair contract terms. ...
Your guide to the 'Your Future, Your Super' package reforms
Consultation is now open on the Government's 'Your Future, Your Super' package. As foreshadowed on Budget night, the package seeks to make three key changes to the current superannuation regulatory regime. ...
Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...
Summary of proposed reforms to FIRB regime – Tranche 2 Regulations
On 18 September 2020 the Federal Government released exposure drafts of the 'Tranche 2 Regulations' to amend Australia's foreign investment laws. This follows the release on 31 July 2020 of the 'Tranc ...
A key landmark in IBOR transition
The long-awaited ISDA IBOR Fallbacks Supplement and Protocol will be going live today with the endorsement of ASIC, the RBA and APRA. They implement new benchmark fallbacks for both future and existing derivative contracts, facilitating the efficient transition from LIBOR and other IBORs in anticipation of their discontinuation. If you have a derivatives portfolio, the Protocol allows quick and easy adoption of the new fallbacks through a one-off adherence. That said, it may not be sufficient to cover all scenarios. ...
The ALRC recommendations on criminal responsibility and transnational offending – a sign of things to come?
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'
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'. ...
Burger rivals in dispute with the lot
McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...
Copyright in the Aboriginal flag
A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...
National Electricity and Gas rules update: September 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. ...