Vietnam's long awaited regulations have now been issued in the form of Decree 35/2021/ND-CP detailing and guiding implementation of the PPP Law (Decree 35) and Decree 28/2021/ND-CP on financial management mechanism of PPP projects (Decree 28) on 26 March 2021 (collectively, the Decrees). ...

For the past two decades, Australia has been a leader in the use of public private partnerships (PPPs) and private capital in the delivery of public infrastructure. Our successes have been so pronounced that countries such as Canada would send experts and civil servants to learn from local authorities. The market matured, and many complex projects were delivered using this approach. It is the combination of private and public sectors that is crucial for a successful project, allowing certain risks to be transferred, better management of risk and more innovative thinking. In this Insight, we discuss why private sector involvement is beneficial and how they enable stronger project outcomes for all. ...

To re-balance the pipeline and bring the greatest benefits to all Australians, we need to spread the spend. Government is posed to spend record amounts and we need to make sure we are delivering the right infrastructure, in the right places, at the right time. ...

The European Union's Parliament has adopted a resolution supporting the introduction of a Carbon Border Adjustment Mechanism (CBAM) to tax carbon emissions embedded in foreign imports entering the EU. The EP has resolved to implement by 2023 a regime that is compliant with World Trade Organization (WTO) rules. ...

The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...

Under the transaction, Woolworths Group will increase its shareholding in Quantium from 47 per cent to 75 per cent, with Quantium founders and team members retaining 25 per cent of the business. ...

One of the issues a target board will need to consider when assessing a takeover by a foreign bidder is the mitigation of FIRB completion risk in the transaction, and the appropriate allocation of any residual risk between the bidder and the target. This is particularly an issue where the target's business includes critical infrastructure or raises national security issues. ...

The Federal Court of Australia has found that Google LLC (Google) engaged in misleading conduct and made false representations to some of its users because of the way it presented its collection, storage and use of users' personal location data in its privacy statements. ...

ASIC takes 'no action' position on virtual meetings but no such luck for electronic signatures; Fair Work Act amendments clarify the definition of casual employment; ASX Listing Rule amendments to commence from 5 June 2021; ASX updates Guidance Note 19: Performance Securities; Takeovers Panel remakes procedural rules; APRA provides guidance to ADIs on the use of indemnities in divestment transactions. ...

Achieving the target of net zero remains at the forefront for the energy industry. As we increase investment in renewables and look for ways to improve efficiencies, new challenges emerge. Helpfully, there are a range of mitigation and management strategies that can be put in place to reduce risk and smooth the transition. In this Insight we outline some of those practical steps, including ones specifically geared towards managing or avoiding potential disputes during the development stages of a project. ...