Allens Arthur Robinson Latest publications

Focus: Full Court united on grace period for divisional patents - 14 July 2009

Tue, 14 Jul 2009 00:00:00 +1100

Patentees can breathe a sigh of relief now that the Full Court of the Federal Court of Australia has unanimously overturned a controversial decision of a single judge of the Federal Court. Partner Chris Bird and Senior Associate Linda Govenlock report on the appeal decision,�in which�the Full Court affirmed that a divisional application may be saved by the grace provisions afforded by section 24(1) of the Patents Act 1990, provided that the parent application from which it was divided was a complete application filed within the 12-month grace period

Client Update: Victoria tightens stamp duty provisions - 13 July 2009

Mon, 13 Jul 2009 00:00:00 +1100

After seven months of uncertainty, the controversial Duties Amendment Bill 2008 (Vic) (as amended) received Royal Assent on 7 July 2009. The changes to the stamp duty law have significant implications for dealings in dutiable property in Victoria, and apply retrospectively from 21 November 2008. Partner Tony Sheehan and Senior Associate Jennee Chan report

Focus: Shanghai issues Opinion on PRC Labour Contract Law - 09 July 2009

Thu, 09 Jul 2009 00:00:00 +1100

The Shanghai People's High Court has recently issued an Opinion on the implementation of the PRC Labour Contract Law, setting out how a number of the Law's provisions will be applied in Shanghai. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu report

Focus: Infrastructure Australia releases jurisdiction-specific guidance - 08 July 2009

Wed, 08 Jul 2009 00:00:00 +1100

Infrastructure Australia has recently released the final volume of its National PPP Detailed Guidance Material, setting out jurisdiction-specific requirements and departures from the National PPP Guidelines. Partner Ren Niemann and Senior Associate Nicholas Ng report

Focus: Supreme Court of Victoria introduces new technology disputes option - 08 July 2009

Wed, 08 Jul 2009 00:00:00 +1100

The Supreme Court of Victoria now combines technology cases with building and engineering proceedings in a new list aimed at the efficient resolution of technical disputes. Partner Tim Golder, Senior Associate Jesse Gleeson, and Lawyer Kelly Griffiths report

Focus: Rent review decision - dilemma for landlords - 08 July 2009

Wed, 08 Jul 2009 00:00:00 +1100

Special Counsel, Christine Adamson and Lawyer, Sarah Merrett examine a recent decision of the Queensland Court of Appeal dealing with ratchet clauses in retail shop leases in Queensland

Focus: Senate standing committees report on CPRS legislation and US greenhouse legislation passes House - 07 July 2009

Tue, 07 Jul 2009 00:00:00 +1100

The Senate Standing Committee on Economics and the Senate Select Committee on Climate Policy have handed down their reports on the Federal Government's legislation to implement its proposed Carbon Pollution Reduction Scheme. These reports reflect the seemingly entrenched views of political players who will determine the fate of the legislation when it is voted on in August, and underscore the likelihood that the Senate will not pass the legislation in its current form - at least this time around. We also look at the greenhouse gas legislation that has recently been passed by the US House of Representatives

Focus: Australia to accede to Hague Convention on service abroad - 07 July 2009

Tue, 07 Jul 2009 00:00:00 +1100

Partner Jenny Thornton and Law Graduate Sunili Govinnage report on the significance of the Federal Government's decision to accede to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965. The Convention will make it easier to serve court documents overseas, and this is a welcome step for those engaged in cross-border litigation before Australian courts

Focus: ACMA approves new Mobile Premium Services Code - 06 July 2009

Mon, 06 Jul 2009 00:00:00 +1100

The Australian Communications and Media Authority has approved a new, mandatory Mobile Premium Services Code that came into effect on 1 July 2009. The new Code introduces extensive and prescriptive requirements relating to advertising, supplying and keeping customers informed about mobile premium services. Partner Ian McGill and Lawyer Adrian Fisher report

Focus: Impact of national consumer law on the insurance industry - 06 July 2009

Mon, 06 Jul 2009 00:00:00 +1100

The Federal Government's plans to establish a uniform national consumer law have been advanced with the introduction into the Parliament of the Trade Practices Amendment (Australian Consumer Law) Bill 2009. The Bill, to be known as the Australian Consumer Law, includes a range of provisions which will impact on financial services providers including insurers. These include provisions regulating unfair contract terms, and enhancing the enforcement powers of the Australian Securities and Investments Commission

Focus: Interim report on the EPBC Act - 03 July 2009

Fri, 03 Jul 2009 00:00:00 +1100

The Review Panel appointed by the Federal Government to conduct an independent review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) has released an interim report. Partner Chris Schulz and Senior Associate Robyn Glindemann highlight some of the key comments made in the report and the issues being raised for consideration by the review panel

Focus: Contractor's entitlement to claim quantum meruit - 03 July 2009

Fri, 03 Jul 2009 00:00:00 +1100

Partner Stephen McComish and Lawyer Hollis Dufour review a recent decision of the Victorian Supreme Court of Appeal which considered whether a quantum meruit claim (ie, a claim for the value of the work done as opposed to a claim for contract damages) is available to a contractor who terminated a contract because of the principal's repudiation of the contract, and outlines the proper approach for assessing the amount payable as compensation in this type of claim

Focus: SAIC rules on implementing the Anti-Monopoly Law - 03 July 2009

Fri, 03 Jul 2009 00:00:00 +1100

The PRC's State Administration of Industry and Commerce recently released two procedural rules on implementing the Anti-Monopoly Law, which took effect from 1 July 2009. Partner Campbell Davidson, Senior Associate Wayne Wang and Lawyer Crystal Zhang report on their key provisions

Focus: Regulations released on emissions-intensive trade-exposed industry assistance program - 03 July 2009

Fri, 03 Jul 2009 00:00:00 +1100

The Department of Climate Change has released draft regulations for public comment that set out the details of the emissions-intensive trade-exposed assistance program that is to form part of the Federal Government's proposed Carbon Pollution Reduction Scheme. Partner Grant Anderson and Lawyer John Henderson report

Focus: National Consumer Credit Protection Reform Package introduced - 01 July 2009

Wed, 01 Jul 2009 00:00:00 +1100

The core legislation for the National Consumer Credit Reform Package was introduced into Federal Parliament last week. Partner Catherine Parr and Senior Associate Cameron Ball report

Client Update: Criminal cartel legislation receives Royal Assent - 30 June 2009

Tue, 30 Jun 2009 00:00:00 +1100

The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) has received Royal Assent, with most of the operative provisions of the Act commencing on 24 July 2009. Partner Wendy Peter and Lawyer Alexander Gelis report

Client Update: Review of Victorian mineral resources legislation - 30 June 2009

Tue, 30 Jun 2009 00:00:00 +1100

The Victorian Department of Primary Industries is conducting a review of the Mineral Resources (Sustainable Development) Act 1990 and had released an issues paper to prompt public submissions. Now that submissions have closed, Partner Igor Bogdanich and Lawyer Myra Stirling discuss some of the key discussion points raised by the paper, and the proposed next steps in the review

Focus: Workplace Relations - 30 June 2009

Tue, 30 Jun 2009 00:00:00 +1100

We look at enforcing a post-employment restraint of trade; the consequences of failing to adhere to dispute resolution provisions in an employment contract; the potential cost of revoking an employment inducement; and an employer's responsibility�to�deal with�allegations of sexual harassment�even in the absence of a formal complaint

Focus: Bill for Commonwealth regulation of unfair contract terms introduced - 29 June 2009

Mon, 29 Jun 2009 00:00:00 +1100

Another step in the establishment of a uniform national consumer law was taken on Wednesday with the introduction into Parliament of the Trade Practices Amendment (Australian Consumer Law) Bill 2009. The Bill will introduce a single national consumer law (to be known as the Australian Consumer Law), which includes provisions regulating unfair contract terms. Partner Catherine Parr reports on the implications of the Bill for financial service providers and provides an update on new guidance on unfair terms in consumer credit contracts in Victoria.

Client Update: Legislating accountability - the 'Golden Handshake' Bill - 29 June 2009

Mon, 29 Jun 2009 00:00:00 +1100

The Federal Government has reintroduced the Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 following a process of public consultation in response to widespread opposition to the Bill in its original form. Partner Peter Arthur looks at the key points of the legislation.

Focus: Federal Court decision has GST implications for late payment fees - 26 June 2009

Fri, 26 Jun 2009 00:00:00 +1100

A recent decision of the Federal Court addresses the nature of supplies made in the provision of charge cards and credit cards. It is a significant early step in what is likely to be a sometimes tortuous journey - the judicial interpretation of Australia's financial supply rules. It may turn out to have implications well beyond credit cards. Partner Ross Stitt reports

Client Update: Personal property securities reform - 26 June 2009

Fri, 26 Jun 2009 00:00:00 +1100

Among a blizzard of significant new legislation, the Federal Government has introduced into Parliament the Personal Property Securities Bill 2009.�Implementation may be delayed until 2011 rather than the original 2010, but its effects are so extensive you will need to start considering it now. Partners Diccon Loxton and Catherine Parr look at the new legislation

Focus: Australian Consumer Law Bill - 26 June 2009

Fri, 26 Jun 2009 00:00:00 +1100

The first step in the establishment of a uniform national consumer law was taken on 24 June 2009 with the introduction into Parliament of the Trade Practices Amendment (Australian Consumer Law) Bill 2009. The Bill will introduce a single national consumer law (to be known as the Australian Consumer Law), which includes provisions regulating unfair contract terms. Partner Jacqueline Downes and Lawyer Alexander Gelis report

Focus: Stamp duty - NSW landholder duty substantially expanded - 24 June 2009

Wed, 24 Jun 2009 00:00:00 +1100

The current land rich regime in NSW will be replaced by new landholder rules that significantly expand the base for assessing duty on the transfer of companies and unit trusts, including listed entities, that hold land in that state. The new rules will potentially also increase the amount of duty payable. Partner Tony Sheehan and Senior Associate Heran Kim report

Client Update: Civil litigation reforms for the Federal Court - 24 June 2009

Wed, 24 Jun 2009 00:00:00 +1100

The Federal Government has just introduced legislation into Parliament that represents the latest in a series of steps taken by Australian governments and courts to enhance access to justice and the efficient resolution of disputes. Partners Paul Meadows and Matthew McLennan and Senior Overseas Practitioner Nona Angharad look at what this means

Client Update: Single national consumer law legislation - 24 June 2009

Wed, 24 Jun 2009 00:00:00 +1100

The Trade Practices Amendment (Australian Consumer Law) Bill 2009 was introduced into Parliament today. The Bill will introduce a single national consumer law (to be known as the Australian Consumer Law), as well as a national unfair contract terms law. Partners David Brewster and Jacqueline Downes and Lawyer Alexander Gelis report

Focus: Changes to regulation of therapeutic goods - 23 June 2009

Tue, 23 Jun 2009 00:00:00 +1100

Federal Parliament is changing the regulation of therapeutic goods. The first of three Bills before Parliament, the Therapeutic Goods Amendment (Medical Devices and Other Measures) Bill 2008, received Royal Assent on 17 June 2009, and the others are likely to be passed during the next sitting. Partner Sarah Matheson and Senior Associate Ric Morgan report

Client Update: NSW toughens mortgage duty provisions - 22 June 2009

Mon, 22 Jun 2009 00:00:00 +1100

A Bill has been introduced into the NSW Parliament that proposes to make major changes to NSW mortgage duty, with effect from 1 July 2009. Borrowers with existing or potential security arrangements over NSW property, and who are intending to drawdown or grant security on or after 1 July 2009, should urgently review their existing or proposed arrangements. Partners Adrian Chek and Tony Sheehan report

Focus: Queensland's new Sustainable Planning Bill - 22 June 2009

Mon, 22 Jun 2009 00:00:00 +1100

The Sustainable Planning Bill 2009 was recently introduced into the Queensland Parliament. The Bill will attempt to address the issues facing planning and development assessment in the State by standardising planning scheme provisions, addressing shortcomings in the development assessment process, introducing deemed approvals for certain types of development applications and giving the court increased powers to deal with development applications notwithstanding procedural errors that have occurred during the development assessment process

Paper: Insurance/Insolvency - View from the Outback - 21 June 2009

Sun, 21 Jun 2009 00:00:00 +1100

This paper looks at the judicial management regime for insolvent Australian insurers and Chapter 15 of Title 11 of the US Code.

Client Update: ASIC makes raising capital more efficient - 19 June 2009

Fri, 19 Jun 2009 00:00:00 +1100

The Australian Securities and Investments Commission recently released consultation papers seeking comment on various new measures to make capital raisings more streamlined and efficient. After several months of consultation with industry, the new measures were published on 18 June 2009. Partner Tom Story and Senior Associate Bob Speed set out the key changes

Focus: Melbourne's future water supply - 19 June 2009

Fri, 19 Jun 2009 00:00:00 +1100

The Victorian Parliamentary Environment and Natural Resources Committee has recently released its report on options for supplementing Melbourne's water supply, Inquiry into Melbourne's Future Water Supply (June 2009). Senior Associate Kate Axup reports on the key recommendations of the committee

Focus: Impact of proposed EU directive on Australian and Asian fund managers - 18 June 2009

Thu, 18 Jun 2009 00:00:00 +1100

In the wake of the financial crisis, the European Union is moving towards tighter regulation of alternative investment funds, in particular hedge funds and private equity funds, through a proposed Directive on Alterative Investment Fund Managers. The proposed directive would have considerable extra-territorial reach and may result in additional regulatory burdens for managers of alternative investment funds based outside Europe. Partner Tim Manefield, Senior Associates Marc Kemp and Charlie Harrison, and Lawyer John Henderson report

Focus: Criminal cartel legislation passed by Parliament - 17 June 2009

Wed, 17 Jun 2009 00:00:00 +1100

The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) was passed by both Houses of Parliament this week. Most operative provisions of the Act, which introduces new civil and criminal offences, will come into effect 28 days after it receives Royal Assent. Partner Wendy Peter and Lawyer Alexander Gelis report

Focus: Nationality planning and foreign investment risk management - 15 June 2009

Mon, 15 Jun 2009 00:00:00 +1100

Special Counsel Gordon Smith, Partner Stephen McComish, Lawyer Sam Luttrell and Law Graduate Caroline Spencer report on the significance of 'nationality planning' in connection with bilateral investment treaties in order to maximise foreign investors' rights in Asia

Client Update: New Facebook URLs and your IP - 12 June 2009

Fri, 12 Jun 2009 00:00:00 +1100

The social networking site Facebook has announced that its users will be able to create personalised web addresses (or URLs) for their profiles from tomorrow. These new personalised URLs create a similar exposure for trade mark owners to domain name registrations, which can be used to impersonate a company. As a result, Facebook will block unauthorised use of trade marks for owners who notify Facebook about their trade mark registrations. Senior Associates Nicky Shanks and Jesse Gleeson and Partner Jackie O'Brien look at how you can protect your IP

Client Update: Developments in Victorian and Commonwealth regulation of unfair contract terms - 11 June 2009

Thu, 11 Jun 2009 00:00:00 +1100

There have been further developments in the regulation of unfair contract terms in Victoria and by the Commonwealth. Partner Catherine Parr and Lawyer Katya Rozenblit report.

Focus: Amendments to the Indian Information Technology Act - 09 June 2009

Tue, 09 Jun 2009 00:00:00 +1100

The Indian Government is in the process of finalising regulations to clarify the operation of various new provisions under the recent Information Technology (Amendment) Act 2008. Partner Michael Pattison and Senior Associate Ken Shiu report on the legislation, and on the implications for Australian corporations

Focus: Carbon capture and storage - environmental considerations - 09 June 2009

Tue, 09 Jun 2009 00:00:00 +1100

Last month, the Environment Protection and Heritage Council released the Environmental Guidelines for Carbon Dioxide Capture and Geological Storage - 2009. This followed the Federal Government's release of acreage and guidance notes for carbon capture and storage assessment under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in March 2009. Partner Chris Schulz, Senior Associate Emily Gerrard and Lawyer Sarah Dynon explore the environmental and planning issues relevant to applications for assessment permits under the Offshore Petroleum and Greenhouse Gas Storage Act

Focus: Workplace Relations - 05 June 2009

Fri, 05 Jun 2009 00:00:00 +1100

We look at the ATO's new superannuation guarantee ruling; the new Fair Work Ombudsman; a case that gives some clarification as to when a payment in lieu of notice may be illegal; what constitutes a 'genuine' attempt to reach an agreement; and under what circumstances an alleged breach can warrant dismissal before a full investigation has been completed

Focus: Developers, beware advertising material that misleads and deceives - 04 June 2009

Thu, 04 Jun 2009 00:00:00 +1100

A recent judgment of the Federal Court gives some very useful insights into how advertising material for the sale of residential product can be misleading and deceptive. Partner Tony Davies and Lawyer Donna Burnett report

Focus: Bad faith in coffee wars - 04 June 2009

Thu, 04 Jun 2009 00:00:00 +1100

IP Australia recently issued its first decision considering the new 'bad faith' ground of opposition which was introduced into the Trade Marks Act 1995 as section 62A in 2006. Partner David Yates and Senior Associate Nicky Shanks look at the guidance that this decision gives on the interpretation and application of this new ground in Australia

Client Update: Real estate law changes in China - 04 June 2009

Thu, 04 Jun 2009 00:00:00 +1100

There have been a number of regulatory and policy changes recently introduced in the PRC real estate sector. Partners Nigel Papi and Tim Manefield and Senior Associates Maggie Ma and Campbell Izzard look at four of these changes and summarise how they may affect you

Focus: Asia Finance - Governance of shadow directors in Hong Kong - 04 June 2009

Thu, 04 Jun 2009 00:00:00 +1100

The Hong Kong Companies Ordinance imposes a number of liabilities and prohibitions on shadow directors. Banks need to be aware of what conduct, in a workout situation, could give rise to the accusation of being a shadow director of a distressed corporate borrower. Partner Matthew Barnard and Foreign Lawyer Caroline Chan report on some cases that clarify the issue

Paper: Aggregation in Insurance and Reinsurance Contracts - 03 June 2009

Wed, 03 Jun 2009 00:00:00 +1100

Partner John Edmond and Lawyer Daniel Mendoza-Jones look at claims arising out of one event or occurrence

Client Update: Victorian unfair contracts changes a reality - 03 June 2009

Wed, 03 Jun 2009 00:00:00 +1100

Yesterday, the Victorian Legislative Council passed the Fair Trading and Other Acts Amendment Bill 2008. The changes in the Bill will come into effect on the day after the day on which the Bill receives Royal Assent. Partner Catherine Parr reports

Focus: APRA releases draft executive remuneration guidelines - 02 June 2009

Tue, 02 Jun 2009 00:00:00 +1100

Last week, the Australian Prudential Regulation Authority released proposed extensions of its prudential standards to cover remuneration, and a draft prudential practice guide on remuneration policies for financial institutions. Allens Executive Partner Paul Quinn looks at the new guidelines

Paper: Latest developments in insolvent trading - 27 May 2009

Wed, 27 May 2009 00:00:00 +1100

The present global meltdown has put directors in an invidious position: they may have assets on their books that they consider to be very valuable but little access to funding to borrow against them and little interest from buyers at what they consider to be appropriate values. This may be because potential buyers of assets are also having trouble accessing credit

Client Update: Senate committee endorses 'RuddBank' - 26 May 2009

Tue, 26 May 2009 00:00:00 +1100

The Senate Standing Committee on Economics has tabled a report which recommends that the Senate pass the Australian Business Investment Partnership bills. Partner Nicholas Cowie and Lawyer Andrew Selim take a closer look at the committee's findings

Focus: AEMO set to take control - 25 May 2009

Mon, 25 May 2009 00:00:00 +1100

The Australian Energy Market Operator is set to become the market operator for electricity and gas markets in the eastern states. Special Counsel Louise Thomson and Law Graduate Lachlan Clancy report on the implementing legislation, which has recently been introduced into the South Australian Parliament