Allens Arthur Robinson Latest publications

Focus: Government response to gene patenting inquiries - 08 February 2012

Wed, 08 Feb 2012 00:00:00 +1100

The Federal Government has released a response to three different inquiries relating to the patenting of genes and related biological materials. Partner Sarah Matheson, Senior Associate Tom Reid and Vacation Clerk Lauren John report on the response, which has particular significance to biotech industry participants

Client Update: PNG personal property security reform enacted - 07 February 2012

Tue, 07 Feb 2012 00:00:00 +1100

Personal property securities reform has passed into law in PNG but will not come into force until a security interest registry is established. Partners Steve Pemberton and Vaughan Mills look at the implications of the new law for doing business in PNG

Focus: Workplace Relations - 07 February 2012

Tue, 07 Feb 2012 00:00:00 +1100

In this issue we consider whether employees can claim redundancy payments when their roles transfer to a new employer as part of a business sale; the circumstances in which comments posted to a Facebook page might justify termination of employment; what considerations apply when an employee pursues more than one set of proceedings arising from a single workplace scenario; and we provide an update on the national work health and safety legislative framework

Client Update: 'TV Now' shifts goalposts on copyright holders' rights - 03 February 2012

Fri, 03 Feb 2012 00:00:00 +1100

The Federal Court has held that Optus's 'TV Now', which allows users to record and play back free-to-air television programs on various devices, does not infringe the rights of those who own copyright in the television programs. Partner Andrew Wiseman and Summer Clerk Ashleigh Shand report

Focus: Additional disclosure by infrastructure entities for retail investors - 02 February 2012

Thu, 02 Feb 2012 00:00:00 +1100

In response to some highly publicised retail investor losses, the Australian Securities and Investments Commission has introduced new disclosure benchmarks and principles applying to listed and unlisted infrastructure entities. Partner Susan Burns and Senior Associate Marc Kemp examine the changes

Focus: Personal property securities reform and what it will mean for M&A transactions - 31 January 2012

Tue, 31 Jan 2012 00:00:00 +1100

Sweeping changes to Australia's personal property securities laws have just come into operation, with far-reaching consequences for business. Partners Steve Pemberton and Greg Bosmans, and Senior Associate Vida Wongseelashote, report on how M&A transactions will be affected

Focus: Every wind farm needs good neighbours: NSW unveils 'toughest' wind farm guidelines - 27 January 2012

Fri, 27 Jan 2012 00:00:00 +1100

Wind farm applicants will need to meet stringent approval requirements, relating to community protection, under tough new draft guidelines. Partner Jim Parker and Lawyer Rebecca Linquist report

Focus: Changes to bulky goods retailing in Victoria - 27 January 2012

Fri, 27 Jan 2012 00:00:00 +1100

Recent amendments to Victorian Planning Schemes expand opportunities for those involved in the retailing of bulky goods and create potential for greater retail competition. Special Counsel Meg Lee and Lawyer Katherine Kirby report

Focus: The issue of foreign investment in Australian agriculture - 25 January 2012

Wed, 25 Jan 2012 00:00:00 +1100

The Australian Government has used the release of a report on foreign investment and Australian agriculture as an opportunity to reaffirm its support for foreign investment in the agricultural sector and articulate the issues that it considers when applying the national interest test to proposals for foreign investment in the sector. Partner Marcus Clark and Consultant Alan Millhouse report on this and other recent events relevant to foreign investment in Australian agriculture

Client Update: Fair Work Act review panel seeks stakeholder submissions - 19 January 2012

Thu, 19 Jan 2012 00:00:00 +1100

Yesterday, the Federal Government's Fair Work Act review panel released its background paper. Partner Simon Dewberry looks at the paper and the process of making a submission

Client Update: Changes to duty on exploration permits in Queensland - 17 January 2012

Tue, 17 Jan 2012 00:00:00 +1100

The Queensland Government has announced stamp duty changes that have the potential to impact significantly on any transactions that directly or indirectly deal with exploration permits or authorities to prospect. Partner Katrina Parkyn reports on the changes, which reverse the previous rules whereby these transfers were not dutiable

Focus: Cambodia introduces new Civil Code - 16 January 2012

Mon, 16 Jan 2012 00:00:00 +1100

A new Civil Code that will significantly change Cambodia's legal framework for a wide range of civil and commercial matters has recently come into force. Partner Marae Ciantar and Lawyer Anne Beresford report.

Focus: Liberalising cross-border investment in RMB - 11 January 2012

Wed, 11 Jan 2012 00:00:00 +1100

The Chinese Government has made further moves towards the internationalisation of its currency with the release of a number of regulations regarding the use of the RMB both in investments made by Chinese companies overseas and, significantly, investments made by overseas companies into the PRC. Special Counsel Ross Keene, Senior Associates Adrian Fisher and Maggie Ma and PRC Consultant Michelle Ding report

Focus: Greater environmental notification obligations in Queensland - 10 January 2012

Tue, 10 Jan 2012 00:00:00 +1100

Companies and individuals involved in activities in Queensland that have the potential to impact on the environment should be aware that the duty to notify of environmental harm has been expanded by recent legislative amendments. Partner Bill McCredie, Lawyer Gobind Kalsi and Summer Clerk Sarah Hampson outline the changes

Focus: Hong Kong enforces PRC 'med-arb' award - 10 January 2012

Tue, 10 Jan 2012 00:00:00 +1100

In brief: Hong Kong's pro-enforcement approach to arbitral awards has been confirmed by a recent Court of Appeal decision. It overturns the lower court's order refusing to enforce a PRC arbitral award on the ground of apprehended bias due to the way a 'med-arb' process was conducted. Partner Mun Yeow and Senior Associate Morgana Brady report

Focus: Urban Restricted Areas to be formalised for resources activities in Queensland - 22 December 2011

Thu, 22 Dec 2011 00:00:00 +1100

Resource developers in Queensland will need to be aware of potential constraints to their activities as a result of recently proposed legislative amendments that will place permanent restrictions on carrying out resource activities (including mining) in close proximity to urban communities. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi look at the proposed changes

Focus: New guidance on disclosing non-IFRS financial information - 22 December 2011

Thu, 22 Dec 2011 00:00:00 +1100

To promote the proper disclosure of financial information that is not prepared according to accounting standards, and to assist directors and others not to mislead investors and other users of financial information, the Australian Securities and Investments Commission has issued guidance on its use and presentation. Partner Robert Pick and Senior Associate Jonathan Teo report on the impact of this on financial reporting

Focus: Workplace Relations - 21 December 2011

Wed, 21 Dec 2011 00:00:00 +1100

We look at the operation of a post-termination restraint of trade clause; an adverse action claim arising in the context of performance management by an employer; a decision allowing prepayment of annual leave entitlements under the National Employment Standards; and changes to work health and safety legislation affecting principal contractor appointments in Queensland

Focus: IP and the transition to the Personal Property Securities Act - 20 December 2011

Tue, 20 Dec 2011 00:00:00 +1100

Companies and individuals that own, license or hold security interests in intellectual property should be aware that the Personal Property Securities Register will go live on 30 January 2012, ushering in the reforms implemented by the Personal Property Securities Act 2009. Partner Tim Golder, Senior Associate Tom Reid and Vacation Clerk Geoff McGrath look at the transitional arrangements and the implications of the new regime

Focus: Proposed reforms to insolvency industry regulation - 19 December 2011

Mon, 19 Dec 2011 00:00:00 +1100

The way the insolvency industry is regulated could be reformed under proposals contained in a Federal Government paper. The reform is aimed at promoting a high level of practitioner professionalism and competency, and increased efficiency in insolvency administration. Partner Michael Quinlan, Lawyer Laura Racky and Summer Clerk Nicole Meyer report

Focus: Preparing for the spectrum reallocation sale - 19 December 2011

Mon, 19 Dec 2011 00:00:00 +1100

The Federal Government is now in the preparatory stages of the auction process for the simultaneous sale of the 700 MHz and 2.5 GHz bands that is to take place during 2012-13. Partner Ian McGill, and Lawyers Valeska Bloch and Matthew Tracey report on the status of the upcoming auction and reallocation process

Focus: Holding buyers to off-the-plan contracts - 16 December 2011

Fri, 16 Dec 2011 00:00:00 +1100

In brief: Two recent Supreme Court of Queensland decisions are likely to provide a great deal of confidence for property developers and financiers wanting to enforce contracts for off-the-plan residential developments. Partner Tracey Harrip, Senior Associate Belinda Boulton and Law Graduate Christopher Pintegne report on the decisions that should also discourage speculative buyer litigation

Focus: Cloud computing - what you need to know - 15 December 2011

Thu, 15 Dec 2011 00:00:00 +1100

Cloud computing is one of the fastest-growing global trends in the delivery of IT services, and the Australian Government Information Management Office recently released draft best practice guides that are a useful reminder of what to consider in deciding whether to use cloud computing services. Partner Niranjan Arasaratnam and Lawyers Margaret Walsh and Joelle Vincent report

Focus: A newly determined Privacy Commissioner - 13 December 2011

Tue, 13 Dec 2011 00:00:00 +1100

The Australian Privacy Commissioner has made its first determination in response to a complaint since 2004. Partner Michael Pattison and Lawyer Margaret Walsh report on this decision, where an organisation was required to pay damages, issue a written apology and provide privacy training to staff

Client Update: Bank fees class action - 12 December 2011

Mon, 12 Dec 2011 00:00:00 +1100

In the important class action brought against the ANZ Bank on the issue of various fees, the Federal Court has looked at the principles of penalties generally. Partners Diccon Loxton, John Gallimore, Phillip Cornwell and Lawyer Rob Clark look at the decision, where the court found that to be a penalty, a clause must sanction a breach of an obligation under an agreement

Focus: The way ahead for planning in NSW- - 09 December 2011

Fri, 09 Dec 2011 00:00:00 +1100

Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report

Focus: Privacy Commissioner's tough new approach to information leaks - 05 December 2011

Mon, 05 Dec 2011 00:00:00 +1100

The Australian Privacy Commissioner has outlined strict new tactics to deal with companies that are careless with customer or user data. Partner Michael Pattison and Lawyer Luke O'Sullivan report

Focus: Draft Murray-Darling Basin Plan released - 01 December 2011

Thu, 01 Dec 2011 00:00:00 +1100

The Draft Murray-Darling Basin Plan, released this week, marks a major shift in the management of water resources towards providing more water for the environment, but significantly less than was proposed last year. Partner Chris Schulz and Lawyer Fergus Green report

Client Update: ACCC loses Metcash appeal - 01 December 2011

Thu, 01 Dec 2011 00:00:00 +1100

The Full Federal Court has dismissed all grounds of the Australian Competition and Consumer Commission's appeal in the Metcash case. Partner Jacqueline Downes and Lawyer Nicholas Mendoza-Jones report

Focus: Is it easier to bring proceedings against companies in administration- - 30 November 2011

Wed, 30 Nov 2011 00:00:00 +1100

In a welcome development for anyone wanting to bring court proceedings against a company in administration, the NSW Supreme Court has lifted the statutory moratorium on proceedings against a company in administration to allow a plaintiff to enforce an arbitral award. It has also clarified its role in enforcing arbitral awards. Partner Michael Quinlan and Lawyer Jonathan Adamopoulos report

Focus: Workplace Relations - 30 November 2011

Wed, 30 Nov 2011 00:00:00 +1100

We look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim

Focus: Arbitral award enforced against a company in administration - 30 November 2011

Wed, 30 Nov 2011 00:00:00 +1100

In two recent related decisions, the NSW Supreme Court has lifted the statutory moratorium on proceedings against a company in administration and allowed a plaintiff to enforce an arbitral award against the company. Partner Michael Quinlan, Special Counsel Nicola Nygh and Lawyer Jonathan Adamopoulos report

Focus: The Queensland floodplain: fertile ground for land use planning reform - 29 November 2011

Tue, 29 Nov 2011 00:00:00 +1100

In response to the Queensland floods last summer, scrutiny has fallen on the existing regulatory regime for development in floodplains and its shortcomings. Before the Queensland Floods Commission of Inquiry delivers its findings in the new year, an interim planning response has been implemented. Partner Bill McCredie and Lawyer Michael Zissis describe the implications of the interim policy and predict further reform of land use planning controls in Queensland's floodplains

Client Update: Queensland retail shop leases legislation up for comment - 28 November 2011

Mon, 28 Nov 2011 00:00:00 +1100

Public comment is being invited on the legislation governing Queensland retail shop leases, as part of a regular review to determine its suitability for the state's retail leasing environment. Partner Paul Newman and Senior Associate Jaelle Berkovits report

Focus: Landlords' enforcement of possession during company administration - 25 November 2011

Fri, 25 Nov 2011 00:00:00 +1100

Landlords need to be aware of moratorium provisions under the corporations legislation that may prevent them from enforcing their rights to possession of premises where the tenant is under administration. Senior Associate Amy Hoban and Law Graduate Ashleigh Dixon report on a recent Victorian Supreme Court decision

Focus: Significant changes to NT mining regulation - 24 November 2011

Thu, 24 Nov 2011 00:00:00 +1100

Recent changes to mining legislation in the Northern Territory flag greater government intervention in, and oversight of, environmental failures in the territory's mining operations. Partner Chris Schulz, Senior Associate Emily Gerrard and Law Graduate Katherine Kirby look at the changes that now also include criminal sanctions for environmental offences

Focus: Insurance issues arising from the Thai floods - 23 November 2011

Wed, 23 Nov 2011 00:00:00 +1100

It seems inevitable that the floods currently affecting much of Thailand will give rise to a range of legal issues for both insurers, reinsurers and insureds. Drawing on our experiences following the recent floods in Queensland, Partner Matthew Skinner and Lawyers John Rainbird and Ainsley Reid consider some of the policy issues that can arise in these situations, including the definition of 'flood', underinsurance, and the importance of effective communication between insurers and policyholders

Focus: Major changes to flood insurance proposed - 22 November 2011

Tue, 22 Nov 2011 00:00:00 +1100

Flood cover may become mandatory in home building and home contents insurance policies, among other significant changes proposed in the Natural Disaster Insurance Review Panel's final report on its inquiry into flood insurance and related matters. Partners Dean Carrigan and John Morgan, Senior Associate Katherine Hayes and Lawyer Andrew Lazzaro report

Focus: New financial requirements for responsible entities - 22 November 2011

Tue, 22 Nov 2011 00:00:00 +1100

Recently, the Australian Securities and Investments Commission issued a new class order that will change the financial requirements that apply to responsible entities of managed investment schemes. Partner Penny Nikoloudis, Senior Associate Marc Kemp and Lawyer Elizabeth Lee comment on the new requirements

Client Update: Possible changes to Australia's foreign bribery laws - 16 November 2011

Wed, 16 Nov 2011 00:00:00 +1100

The Federal Government has announced possible changes to Australia's laws concerning foreign and domestic bribery. The changes, if adopted, will strengthen anti-bribery legislation in Australia and bring it into line with UK anti-bribery legislation. Partner Ross Drinnan, Senior Associate Rachel Nicolson and Lawyer Allen Clayton-Greene report on this development

Focus: Government business enterprises governance reforms - 15 November 2011

Tue, 15 Nov 2011 00:00:00 +1100

The Federal Government has released an updated version of the Governance Arrangements for Commonwealth Government Business Enterprises that better reflect contemporary developments in corporate governance policy in the oversight of Government Business Enterprises. Partner Ian McGill, Senior Associate Simon Lewis and Lawyer Maryann Muggleston consider the Government's new approach

Focus: Carbon price scheme becomes law - what to do next - 11 November 2011

Fri, 11 Nov 2011 00:00:00 +1100

The Federal Parliament has passed legislation to establish an Australian carbon pricing scheme, which will operate initially like a carbon tax, with a fixed (but increasing) carbon permit price, and will then transition into a cap and trade scheme after three years. Partner Grant Anderson and Lawyer Fergus Green report on this historic development

Focus: Sending a strong message on contractual interpretation - 07 November 2011

Mon, 07 Nov 2011 00:00:00 +1100

Three High Court judges have stated, in a special leave decision, that extrinsic evidence of surrounding circumstances cannot be used to interpret a contract where the contract is not ambiguous on its face. Partner Malcolm Stephens and Lawyer Tom Prince discuss an unusual, but very important, High Court decision handed down last week

Focus: Appeal decision shows new approach to 'fair basis' - 04 November 2011

Fri, 04 Nov 2011 00:00:00 +1100

A recent decision of the Full Court of the Federal Court will have a major flow-on in relation to the issue of patent validity in Australia. Partner Richard Hamer, Senior Associate Louise Brunero and Law Graduate Claire Agius report on the successful appeal by Alphapharm, Generic Health and Sigma that will open the market to products in competition with Pfizer's highly successful anti-depressant, Efexor XR (venlafaxine hydrochloride).

Focus: Winding up foreign companies in Australia not so easy - 03 November 2011

Thu, 03 Nov 2011 00:00:00 +1100

A recent Federal Court decision has provided important guidance for creditors of foreign companies who are considering using the special winding-up regime for foreign companies contained in the Corporations Act. Partner Michael Quinlan, and Lawyer David Harris report

Client Update: Queensland reforms reduce 'green tape' burden - 28 October 2011

Fri, 28 Oct 2011 00:00:00 +1100

In a bid to reduce the 'green tape' burden on business, major reforms of the Queensland environmental assessment and approvals regime have been introduced, and will impact on businesses including the manufacturing, waste management, mining and resources sectors. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes that are proposed

Focus: Uncertainty about review of adjudicators' decisions clarified - 28 October 2011

Fri, 28 Oct 2011 00:00:00 +1100

Significant uncertainty regarding parties' rights to have an adjudicator's decision reviewed has been resolved, following a recent Western Australia Court of Appeal decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Law Graduate Samantha Lord report

Client Update: Security of payments and litigation privilege - 26 October 2011

Wed, 26 Oct 2011 00:00:00 +1100

A recent Victorian Supreme Court decision has held that litigation privilege extends to documents prepared in anticipation of adjudication under Victorian security of payments legislation. Partner Nick Rudge and Law Graduate Loren Atkins report

Focus: When the cable snaps - the Vioxx appeal - 26 October 2011

Wed, 26 Oct 2011 00:00:00 +1100

A recent decision of the Full Court of the Federal Court of Australia highlights the difficulties in successfully pursuing claims relating to the manufacture and sale of pharmaceuticals as a class action. Partner Peter O'Donahoo, Senior Associate Eleanor Fletcher and Law Graduate Daniel Kinsey report

Focus: Major Singapore data protection reforms proposed - 24 October 2011

Mon, 24 Oct 2011 00:00:00 +1100

A proposed new consumer data protection regime will affect all Singapore business sectors, applying a uniform minimum data protection standard to every industry. Senior Associate Jeremy Chase and Lawyer Henry Fraser report.