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PE Horizons market update 2020
Insight 19 Aug 2020

PE managers are scouring the market for complex opportunities to drive returns. Complex carve outs of unloved businesses will continue to pique the interest of dealmakers. Some assets will be value buys and others will prove defensive in a time of risk. ...

ASIC's Corporate Plan 2020-2024
Insight 31 Aug 2020

ASIC's Corporate Plan sets out its strategic priorities and actions for the next four years, especially its approach to its supervisory, surveillance and enforcement functions, and how each of those may have been impacted by the COVID-19 pandemic. ...

In Touch: News Code of Conduct update; ACCC flags enforcement in the electricity market; and other developments
Insight 09 Sep 2020

News Code of Conduct update: ACCC releases a draft code for comment; HealthEngine to pay $2.9 million for ACL breaches; ACCC flags enforcement in the electricity market; Next chapter of the gas inquiry; Alstom's acquisition of Bombardier Transport cleared; and more COVID cooperation. ...

Lorna Jane antivirus activewear claims don't workout
Insight 08 Sep 2020

A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...

Private parties in the UN – a new remedy ecosystem for alleged human rights and environmental impacts
Insight 15 Sep 2020

Recent complaints show how NGOs and civil society groups are using UN-level human rights grievance mechanisms as a growing part of their toolkit to influence corporate behaviour and seek remedy for allegedly affected parties. ...

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. ...

Accurate tenement expenditure recording under the Mining Act 1978 (WA): an update from the Warden's Court
Insight 13 Aug 2020

Recent proceedings before the Warden's Court of Western Australia have reinforced a long line of decisions and the nature of a tenement holder's obligations in tenement reporting; affirming the requirements for detailed and accurate reporting on expenditure, and emphasising the importance of ensuring tenement holders are truthful when reporting expenditure. The decisions are a timely reminder of the importance of adequately resourcing the compiling, calculating and reporting expenditure functions (and the need to keep detailed records to substantiate that expenditure), as failure to do so can ultimately lead to forfeiture of tenements. ...

Independent review recommends fundamental reform of the 'archaic, ineffective' EPBC Act
Insight 11 Aug 2020

The Interim Report of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has recommended major reforms, finding the EPBC Act to be archaic, ineffective and inefficient. ...

Forging ahead – legal update on the WA mining and construction sectors
Insight 13 Aug 2020

Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have remai ...

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