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WA: Key things you need to know about the proposed changes to the Environmental Protection Act 1986 (WA)
Insight 11 Jun 2020

On 16 April 2020, the Environmental Protection Amendment Bill 2020 (WA) was introduced to the WA Parliament. ...

New Victoria reforms: enhancing the security of gas supply
Insight 12 Jun 2020

Gas regulation in Victoria is set for major reform after the Government introduced two new bills aimed at enhancing the security of gas supply for the State. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 19 Jun 2020

Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

Lime shines light on product safety representations and product recalls
Insight 24 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Major changes to Queensland petroleum royalties scheme
Insight 19 Jun 2020

The Queensland Government has announced major reforms to its petroleum royalties regime which will come into force from 1 October 2020. This, and the royalty rates ultimately set, will have implications for the future returns on Queensland petroleum projects. Producers should also review any existing private arrangements that may have relied on the existing wellhead value approach to ensure any unanticipated consequences are resolved prior commencement of the new regime. ...

RG 272 – bringing order through product intervention
Insight 23 Jun 2020

Following its consultation in June last year, ASIC has now published RG 272, setting out ASIC's approach to using its product intervention powers. In this update, we examine the scope of this power and the accompanying regulatory guidance. ...

Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
Insight 23 Jun 2020

As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...

Targeting net zero: five ways to deliver on carbon reduction targets
Insight 02 Jul 2020

As we move towards a carbon constrained future and electricity prices rise, companies are increasingly looking for ways to deliver on their carbon reduction commitments, including by purchasing electricity from renewable sources, managing their exposure to changing electricity prices and supporting ...

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