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Allens advises Cerberus on proposed acquisition of Westpac's Strategic Alliances business
News 24 Aug 2020

Cerberus, a leader in alternative investing, will combine Strategic Alliances with its portfolio company, Angle Finance, to create a leading equipment financing company with diversified financing ...

A growing tide? Climate change class action proceedings issued against the Federal Treasury
Insight 12 Aug 2020

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. ...

After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
Insight 14 Aug 2020

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. ...

Food and beverage law bulletin
Insight 06 Aug 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. ...

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. ...

The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
Insight 24 Jun 2020

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
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. ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

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. ...

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