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Your guide to the 'Your Future, Your Super' package reforms
Insight 27 Nov 2020

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
Insight 01 Dec 2020

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. ...

A win to litigation funders in employment class actions
Insight 19 Nov 2020

A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...

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
Insight 25 Nov 2020

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. ...

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. ...

UK Supreme Court affirms jurisdiction to determine global FRAND terms
Insight 07 Sep 2020

The UK Supreme Court's decision in Unwired Planet v Huawei confirms that disputes between organisations that own these patents, and equipment manufacturers that use the patents, can be brought and resolved on a worldwide basis in England. ...

Waste export regulation and stronger product stewardship regime on the horizon
Insight 10 Sep 2020

The Recycling and Waste Reduction Bill 2020 aims to more effectively manage the environmental, human health and safety impacts of products and waste material. If passed, the Bill would do this by regulating the export of waste material and strengthening Australia's product stewardship regime. ...

A key landmark in IBOR transition
Insight 23 Oct 2020

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?
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'. ...

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