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What happened in 2020 and what's on the horizon for 2021
Insight 14 Dec 2020

Year in Review 2020 and Year to Come 2021 summarises some of the major developments across Australia last year, and a selection of key changes that we anticipate over the coming year. There are links to further reading, where available. ...

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. ...

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. ...

Escaping IP infringement of renowned handbag
Insight 15 Dec 2020

On 6 November 2020, Australian fashion label State of Escape Pty Ltd (State of Escape) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka ...

RCEP: Australia signs largest free trade agreement in the world
Insight 15 Dec 2020

On 15 November 2020, Australia, China, Japan, Korea and New Zealand joined the Association of Southeast Asian Nations (ASEAN) to sign the Regional Comprehensive Economic Partnership (RCEP), currently ...

Who's the fairest of them all? Comparative advertising amongst cosmetic competitors
Insight 15 Dec 2020

In recent proceedings before the Federal Court, Allergan was unsuccessful in its claim for infringement of its registered BOTOX trade marks against Self Care. Allergan alleged that Self Care infringed ...

Internal emails, multiple recipients and the question of privilege
Insight 08 Dec 2020

The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...

Linklaters Insights: Comparison of UK's new foreign investment regime and Australian FATA
Insight 11 Dec 2020

Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...

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 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. ...

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