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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
A development from the English Court of Appeal regarding legal professional privilege in internal investigations
In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...
Rising from the ashes - Treasury seeks input on combating illegal phoenix activity
Keeping up the momentum from the recent passing of its insolvent trading safe harbour and ipso facto legislation the Federal Treasury has released a consultation paper containing a package of reforms to deter and disrupt illegal phoenix activity Partner Alf Pappalardo and Lawyer Belinda Hennessy ...
Pseudo-investments and mobile apps - a new frontier for regulators
It is hardly surprising that the Australian Securities and Investments Commission ASIC has taken an interest in the mobile app market given that there has been an aggressive expansion into the mobile space by financial services providers ASIC has recently cracked down on web and mobile based OTC ...
Why we need to do more to fix our class action regime
The Victorian Law Reform Commissions inquiry into litigation funding and group proceedings provides an important and timely opportunity to reflect on the current operation of our class action regime The regime recognises and was designed to balance competing interests We believe more can be done to ...
'Bordering on impossible' that husband and wife duo were independent contractors
The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
The beginning of the end of the unit trust's monopoly? CCIV legislation and ASIC guidance
Avid readers of Unravelled over the past few years cannot have failed to notice that there are moves afoot to introduce two new forms of collective investment vehicle each promising a shiny tax-neutral alternative to the unit trust and hopefully saving Australian lawyers a lot of sleepless nights ...
Financial products - design and distribution obligations and product intervention powers
After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...