311-320 of 349 results
A growing tide? Climate change class action proceedings issued against the Federal Treasury
Australia is becoming front and centre as a forum for activist climate change litigation against corporates, financial institutions and government. We assess the significance of these proceedings and outline the key questions your organisation and its Board should be asking. ...
Mandatory binding arbitration of tax disputes
The approval of multilateral instruments in recent years means that binding arbitration of tax disputes is now available under the Tax Treaties with ten additional countries, including major trading partners Singapore, the United Kingdom, Japan and New Zealand. This trend is expected to continue. ...
After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...
Carbon farming and the Emissions Reduction Fund / Climate Solutions Fund
The legislative regime for the generation of carbon credits from voluntary emissions reduction projects (otherwise known as 'carbon farming') in Australia was first established in 2014. ...
ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
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
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. ...
The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...
Lime shines light on product safety representations and product recalls
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. ...
New EU mandatory human rights and environmental due diligence regime
The European Commission has announced it will introduce a legislative initiative in 2021 on mandatory human rights and environmental due diligence for certain companies. ...
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...