ACCC's new Cartel Immunity and Corporation Policy which came into effect on 1 October 2019, now excludes concerted practices and requires a higher level of cooperation from parties seeking to obtain cartel immunity. ...

Federal Court hangs up on ACCC over TPG pre-payments; ACCC calls for more claret-y between winemakers and growers; and Viva/Liberty deal gets green light ...

In a highly anticipated decision, the Full Bench of the Australian Federal Court recently dismissed the appeal in Encompass Corporation v InfoTrack. Despite the opportunity to clarify the scope of patentability of computer-implemented inventions, the question of what encompasses patentable subject matter remains open. ...

The Rix's Creek Continuation Project has been approved by the NSW Independent Planning Commission only weeks after the refusal of the Bylong Coal Project. In its approval of Rix's Creek, the Commission accepted that scope 3 emissions are the responsibility of the end customer for coal exports. This conclusion significantly departs from the position taken by the differently constituted Commission on Bylong. ...

The busy run experienced by private equity managers in Australia in the last couple of years slowed down considerably in 2019. As a result, having raised record sized funds, private equity managers will be under considerable pressure from their institutional investors to start deploying more capital ...

The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...

Landlords and tenants will see changes to their rights and compliance obligations under retail shop leases as a result of proposed amendments to the Building Act 1993 (Vic) (and regulations) ...

In this update we summarise the progress of new and existing rule change requests across October 2019 and take a closer look at the AER's Financial Reporting Guideline for light regulation pipelines. ...

Earlier today Treasury released exposure draft regulations for Innovative Superannuation Income Streams They set out income stream standards that will be relevant for products such as deferred annuities and group self-annuitised products The Allens Superannuation team reports ...

A decision by the Administrative Appeals Tribunal affirming an assessment by the Clean Energy Regulator as to the liability of an off-grid generator under the Renewable Energy Electricity Act 2000 Cth highlights the need for liable entities to carefully consider their reliance on the small systems ...