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2011
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2011 Funds Planner - Top 10 issues
A Kronic Problem: Dealing with the threat posed by legal and illegal substances in the workplace
A new boom in Australian resources
A new Great Wall? China completes another piece of the competition law puzzle with national security rules
A turning point for interlocutory injunctions in patent cases?
Absolute immunity for states in Hong Kong - implications for those enforcing or contracting in Hong Kong with Government Departments
Advance to go: China's competition reforms: Part 2 - Monopoly agreements and dominance
Allocation of income on redemption and other unit trust issues — the Federal Court decides in Colonial First State Investments
Amendments to the tax law to provide certainty for trusts
Anti-dumping laws - coming into focus
ASIC passporting relief notices due this month
ASIC revises its responsible lending guidance
ASIC v FMG: important clarity on continuous disclosure obligations
Australian Council on Intellectual Property publishes report into patentable subject matter
Balance sheet insolvency and point of no return - the Eurosail appeal
BCA integration with new Premises Standards
Bill for proposed amendments to clarify taxation of trusts released and introduced into Parliament: Welcome amendments with a few surprises and twists
Budget 2011
Capital contributions using equity interests -- Soon to be available for foreign-invested enterprises in China
Carbon pricing, Garnaut looks to Reserve Bank model
Alerts by expertise
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2011
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Market Alerts 2011
Page Content
December
Personal Properties Securities Act 2009 registration commencement now 30 January 2012
23 December 2011
All new federal legislation to be assessed for compatibility with human rights
22 December 2011
Assessment and franking of dividends: Draft Taxation Ruling released
22 December 2011
Insurance and Reinsurance Update December 2011
22 December 2011
Convergence Review Interim Report recommends sweeping changes to Australian media and communications regulation
20 December 2011
Government announces the final element of the investment manager regime
16 December 2011
Regulator - December 2011
14 December 2011
New trustee obligations and APRA’s prudential standards making power
13 December 2011
Unfair terms in insurance contracts – draft Regulation Impact Statement released
13 December 2011
ASIC extends transitional period for compliance with breach reporting conditions in group purchasing bodies class order
13 December 2011
Treasury releases retail corporate bond market proposals
13 December 2011
Med-Arb and bias: An appeal against Keeneye
9 December 2011
ANZ class action update: bank fees can be penalties only if payable on breach
7 December 2011
Towards a unified Equality Act: why this matters for business
6 December 2011
European Regulator December 2011
5 December 2011
Pre-DA community consultation to become mandatory
2 December 2011
Further delays in pipeline for Coal Seam Gas projects: Senate Committee November 2011 report
2 December 2011
Lifting Standards in Listed Companies: The Hong Kong Stock Exchange publishes its consultation conclusions on the Corporate Governance Code
1 December 2011
Commonwealth response to Blewett food labelling review
1 December 2011
November
First, we mediate: Hong Kong’s Mediation Bill ripe for the picking
30 November 2011
Metcrash: ACCC loses appeal
30 November 2011
Proposed amendments to the Insurance Contracts Act - Standard definition of flood to be implemented
29 November 2011
Further changes proposed to the test for payment of dividends
29 November 2011
New managed investment trust regime to be deferred for another 12 months
29 November 2011
Workplace (e)ssentials November 2011
29 November 2011
Price signalling laws pass Parliament
25 November 2011
Merger control and unconscionable conduct reforms finally creep over the line
25 November 2011
Future of financial advice - Second FoFA Bill introduced
24 November 2011
One year delay in phasing down Australian interest withholding tax for financial institutions
23 November 2011
Government announces 30 January 2012 as the start date for the PPSA
22 November 2011
Closing the gap on our Asian future
22 November 2011
Discussion paper for changes to taxation of trusts released: Major consultations and reforms expected from 1 July 2013
21 November 2011
China's competition regulators attack: New fines, conditional merger decisions, and a broadband dominance investigation
17 November 2011
Reform spotlight on China’s shadow loans
17 November 2011
ASIC releases consultation paper on policy on downstream acquisitions
17 November 2011
ACCC issues guidelines on carbon price claims
15 November 2011
Information Technology Update - November 2011
14 November 2011
What’s the big deal with RG 228
11 November 2011
International Arbitration Update - November 2011
10 November 2011
Commissioner of Taxation v SNF Australia Pty Ltd - decision impact statement released
9 November 2011
ASIC releases new financial requirements for responsible entities
8 November 2011
Queensland Government introduces Australia’s first legislative protection of Strategic Cropping Land
8 November 2011
Where does your computer go when it dies?
8 November 2011
Carbon countdown - are you ready?
7 November 2011
The plain meaning of a contract’s terms will always trump your understanding of how it works
7 November 2011
Software licence agreements - 3 key provisions (scope, infringement and cap)
7 November 2011
MySuper Bill introduced into Parliament
3 November 2011
Competition Update - November 2011
3 November 2011
New regulations on Foreign Direct Investment with RMB continue the breakdown of Chinese capital barriers
2 November 2011
Immediate and expanded reporting and incident response management obligations for industry
2 November 2011
Consultation paper released on proposed transfer pricing reforms
2 November 2011
Regulator - November 2011
2 November 2011
October
PDS requirements loosened for telephone insurance sales
31 October 2011
Hong Kong Competition Law Update: Concessions in a push towards the finish line
26 October 2011
Proposed new rules for tax losses for certain infrastructure projects
26 October 2011
Insurance and Reinsurance Update October 2011
25 October 2011
PHIAC consults on regulation of corporate transactions
25 October 2011
New opportunities for off-market share buy-backs - draft legislation released
21 October 2011
New rules for China’s wealth management sector lay groundwork for big changes
19 October 2011
Workplace and Employee Relations Update October 2011
19 October 2011
First FOFA Bill introduced
14 October 2011
China’s labour revolution continues: Rules on participation in social insurance by foreigners employed in China released
13 October 2011
PPSA start date - more flexibility
12 October 2011
DMP Mine Safety Roadshow 2011 - what you need to know
10 October 2011
Regulator October 2011
10 October 2011
Workplace (e)ssentials October 2011
10 October 2011
European Regulator October 2011
10 October 2011
PIF revisited - No right not to be diluted
7 October 2011
Strategic cropping land protection regime fast-tracked
6 October 2011
Latest developments with the Minerals Resource Rent Tax
4 October 2011
September
Safe Work Australia releases further model Codes of Practice and interpretive guidelines
30 September 2011
Future of Financial Advice - Second round of legislation released
29 September 2011
Part 3A to be repealed and new regulations to commence on 1 October 2011
29 September 2011
MySuper Core Provisions Draft Bill released
29 September 2011
Prudential standards for superannuation - consultation commences
28 September 2011
Update on HKEx’s guidance for listing of Chapter 21 Investment Companies - September 2011
27 September 2011
Be alert: Industry alerts can impact your safety obligations
26 September 2011
State and Crown immunity in Hong Kong: practical considerations in selecting and drafting disputes clauses
23 September 2011
Government introduces paid parental leave scheme
23 September 2011
Stronger Super lnformation Pack released
21 September 2011
Changes to Hong Kong’s professional investor rules - a practical insight
16 September 2011
ASIC passporting relief notices due this month
15 September 2011
Government tables carbon tax legislation
14 September 2011
Legal and regulatory developments in Australia September 2011
14 September 2011
Legal and regulatory developments in Australia - September 2011
14 September 2011
Metcash: ACCC takes on more cases where the outcome is less certain
12 September 2011
How to protect your brand from XXX cybersquatters
9 September 2011
Cradle to Grave: Manufacturers and importers to be responsible for full product lifecycle
8 September 2011
Workplace (e)ssentials September 2011
7 September 2011
New APRA guidance for superannuation trustees on the contribution, benefit accrual and payment standards
2 September 2011
Centro penalties decision
1 September 2011
August
Future of Financial Advice (FoFA) - first round of legislation released
29 August 2011
Workplace and Employee Relations Update August 2011
26 August 2011
First steps to a carbon price: Parliament passes the Carbon Farming Initiative
25 August 2011
New R&D Tax Credit passed by Parliament
25 August 2011
Metcrash: ACCC fails in its attempt to block Metcash/Franklins merger
25 August 2011
New South Wales Government postpones implementation of mandatory pre-litigation requirements
24 August 2011
Right to contribution: is a contractual liability to indemnify coordinate with an insurer’s? Final instalment!
23 August 2011
Regulator - August 2011
23 August 2011
Successful appeal of opposition but patent claims narrowed by Commissioner of Patents
22 August 2011
Competition Quarterly Q3 2011
17 August 2011
Information Technology Update - August 2011
17 August 2011
Interim investment management regime and FIN 48 solution for foreign funds announced
16 August 2011
Workplace (e)ssentials August 2011
10 August 2011
Real Estate Insights - August 2011
9 August 2011
Pharmaceuticals - copyright in PIs and indirect patent infringement
4 August 2011
Immunity for sovereigns: when is the sovereign or a foreign state immune from suit or enforcement in Hong Kong?
3 August 2011
SASAC new administrative measures administering SOEs’ foreign investments 国资委新法规规范央企海外投资
1 August 2011
July
The public debate on privacy issues: Hong Kong privacy law update
29 July 2011
Hong Kong court upholds an agreement for ICC arbitration in the PRC
29 July 2011
Clean Energy Bill 2011: The fine detail of the carbon price package released
29 July 2011
Class Action - Q3 2011
27 July 2011
Personal Property Securities Reform and the impact on Australian aircraft transactions
21 July 2011
Regulator July 2011
21 July 2011
Disclosing price sensitive information: A stronger regulatory framework for Hong Kong’s listed corporations
19 July 2011
Model work health and safety regulations for the mining industry released
19 July 2011
Disclosing price sensitive information: A stronger regulatory framework for Hong Kong’s listed corporations
19 July 2011
Carbon deal announced
10 July 2011
Workplace (e)ssentials July 2011
8 July 2011
China’s labour revolution continues: New social insurance law
7 July 2011
Court invalidates amendment to trust constitution issue price provisions
5 July 2011
Introduction of landholder regime in Queensland from today - caveat emptor
1 July 2011
Carbon regulation by the courts?
1 July 2011
June
Centro directors found to have breached duties
30 June 2011
Treasury announces a one year hiatus from FAF: FAF rule will not apply for 2010-2011 income year
30 June 2011
Down to Earth - Q2 2011
27 June 2011
Insurance and Reinsurance Update June 2011: Asian Insights
27 June 2011
Insurance and Reinsurance Update June 2011
27 June 2011
APRA update
27 June 2011
Guiding Principles for Business and Human Rights endorsed by UN Human Rights Council
23 June 2011
Latest executive remuneration reforms to become law
21 June 2011
A Kronic Problem: Dealing with threat posed by legal and illegal substances in the workplace
20 June 2011
Council of Australian Financial Regulators release discussion paper on the Central Clearing of OTC derivatives in Australia
17 June 2011
Merger control and unconscionable conduct reform - take two
15 June 2011
Absolute immunity for states in Hong Kong - implications for those enforcing or contracting in Hong Kong with Government Departments
14 June 2011
BCA integration with new Premises Standards
14 June 2011
Resources projects to face new challenges, as State governments zero in on agricultural land protection measures
10 June 2011
European Regulator June 2011
10 June 2011
Productivity Commission endorses emissions trading
9 June 2011
Regulator June 2011
7 June 2011
UK High Court finds fixed terms and early termination fees in gym contracts unfair - will your terms survive?
7 June 2011
Bill for proposed amendments to clarify taxation of trusts released: Welcome changes but with a few surprises
6 June 2011
Workplace (e)ssentials June 2011
6 June 2011
Workplace and Employee Relations Update June 2011
1 June 2011
May
Carbon pricing, Garnaut looks to Reserve Bank model
31 May 2011
Reducing “Green tape” in Queensland - An overview of proposed environmental approval reforms
26 May 2011
European Court reinforces parties’ autonomy over choice of law
25 May 2011
Not just a new name: Goodbye ‘Change of Use Charge’ … Hello ‘Lease Variation Charge’
24 May 2011
India finalises merger control regulations
20 May 2011
Pilbara Rail access dispute: Federal Court derails Fortescue’s application for declaration
20 May 2011
Update: "To deed or not to deed - The High Court refuses special leave"
18 May 2011
Capital contributions using equity interests -- soon to be available for foreign-invested enterprises in China
17 May 2011
Workplace (e)ssentials May 2011
16 May 2011
Employee lawfully dismissed for failure to meet probation terms
16 May 2011
Employee’s dismissal not motivated by family responsibilities
16 May 2011
Employee compensated for distress caused by adverse action
16 May 2011
NSW Court of Appeal delivers decision on appeal of penalties in James Hardie case; High Court grants special leave
13 May 2011
Hong Kong Structured Products Bill - What it really means
12 May 2011
International Arbitration Update - Q2 2011
11 May 2011
Mallesons retains its GAR100 ranking for the third time in a row!
11 May 2011
Mallesons International Arbitration team secures further wins in the London Court of International Arbitration
11 May 2011
Enforcing an international arbitration award which has been set aside or frustrated by local courts
11 May 2011
Recent decisions: Westport Insurance Corporation v Gordian Runoff Limited: High Court to decide upon the extent to which arbitrators must provide reasons in support of an award
11 May 2011
Recent decisions: Australian court enforces Mongolian award
11 May 2011
Recent decisions: Altain Khuder LLC v IMC Mining Inc & Anor (No 2): Indemnity costs following an unsuccessful challenge to foreign arbitral award
11 May 2011
Recent decisions: Nationality requirements for arbitrators: the effect of Jivraj v Hashwani
11 May 2011
Recent decisions: Fear of Uganda is not a ground for setting aside an award
11 May 2011
Recent decisions: Arbitrability and patents
11 May 2011
Budget 2011
10 May 2011
Takeovers Panel amends Frustrating Action policy and publishes revised Guidance Notes 6, 13 and 15
9 May 2011
Hong Kong Structured Products Bill comes into effect on 13 May 2011
6 May 2011
Reforming Civil Justice - England and Wales
2 May 2011
UK Supreme Court abolishes 400 year rule
2 May 2011
April
Future of Financial Advice - Government announces more detail on its proposals
29 April 2011
Workplace & Employee Relations update April 2011
29 April 2011
Protected action ballot orders found to be invalid
29 April 2011
Manager fails in damages bid over GFC role change
29 April 2011
Federal Magistrates Court finds employer took adverse action against employee who complained about underpayments
29 April 2011
Full Federal Court clarifies test for adverse action claims
29 April 2011
Employer found to have unfairly dismissed employee by unilaterally changing her role and reducing pay
29 April 2011
Victorian Government introduces strict anti-bullying laws: bullying punishable by imprisonment
27 April 2011
Government announces review of Victorian human rights charter
21 April 2011
Record NZ penalty for misuse of market power
21 April 2011
The ‘price’ of over-regulation
20 April 2011
Noticing the ACCC’s use of new infringement notices
20 April 2011
Reverse payment settlements - are pay-for-delay agreements anti-competitive or is it the free market in operation?
20 April 2011
In brief
20 April 2011
Publications
20 April 2011
Competition Quarterly Q1 2011
20 April 2011
Leaps and bounds - how the Hong Kong regulatory landscape will change in 2011-12
19 April 2011
Regulator April 2011
19 April 2011
A quiet revolution in China's financial markets
19 April 2011
Be careful what you contract for
19 April 2011
Penalties for anti-competitive conduct: 2010 in review
18 April 2011
Proposals for a European contract law
18 April 2011
Review of the Markets in Financial Instruments Directive
18 April 2011
(Blank)
18 April 2011
International news
15 April 2011
China allows bigger role of foreign investment in distribution of publications
14 April 2011
European Regulatory Update - April 2011
14 April 2011
(Blank)
14 April 2011
Improving prospectus disclosure for retail investors
14 April 2011
Treasury released much anticipated exposure draft of amendments to clarify taxation of trusts
14 April 2011
China further eases control over outbound investment
14 April 2011
US style mergers under English law a framework for Australian companies
13 April 2011
Legal Professional Privilege - What is the purpose of the communication?
13 April 2011
Workplace (e)ssentials April 2011
13 April 2011
Employees did not have to disclose competing product concept to employer
13 April 2011
Employer’s removal of discretionary benefits constituted employer response action
13 April 2011
Voting process commences when employees receive ballot material
13 April 2011
Employers must continuously consult all bargaining representatives
13 April 2011
Other items of interest
13 April 2011
UK Bribery Act guidelines published - implementation date now 1 July 2011
6 April 2011
ASIC revises its responsible lending guidance
1 April 2011
March
Price Signalling Bill Introduced to Parliament
25 March 2011
Covered Bonds Draft Legislation Released
24 March 2011
UK Panel - Takeover Code Reforms
24 March 2011
China draft rules propose that Chinese employee data cannot be stored overseas
24 March 2011
Extension of convening period in voluntary administration: a more flexible approach?
23 March 2011
Balance sheet insolvency and point of no return - the Eurosail appeal
15 March 2011
Insurance and reinsurance update - March 2011
15 March 2011
Pandora’s box remains closed
11 March 2011
ASIC passporting relief notices due this month
11 March 2011
The wait is over: India gets merger control powers - 10 March 2011
10 March 2011
China's national security review procedures commence - 10 March 2011
10 March 2011
Regulator March 2011
10 March 2011
Spoilt for choice - NSW regime for representative (class) actions comes into effect - 9 March 2011
9 March 2011
ASIC v FMG: important clarity on continuous disclosure obligations - 8 March 2011
8 March 2011
ASIC v FMG: important clarity on continuous disclosure obligations - 8 March 2011
8 March 2011
Further delays for UK Bribery Act 2010 - 7 March 2011
7 March 2011
Amendments to the tax law to provide certainty for trusts - 4 March 2011
4 March 2011
Full Federal Court confirms iiNet is not liable for peer-to-peer file sharing
2 March 2011
Australian Council on Intellectual Property publishes report into patentable subject matter - 1 March 2011
1 March 2011
Business interruption insurance - a few holes in the umbrella
1 March 2011
Flood insurance scheme can’t be rushed
1 March 2011
Changes to qualifying age for the age pension and increased participation in the workforce - insurance issues
1 March 2011
When is an omission not an omission for the purposes of s 54 of the Insurance Contracts Act 1984 (Cth)?
1 March 2011
Who are “you”? - third party beneficiaries burnt by Federal Court decision
1 March 2011
“Plausibly extending” the application of s 45 - parent companies arranging insurance for subsidiaries
1 March 2011
Private health insurance - review of Standard Information Statements
1 March 2011
Judicial management
1 March 2011
Stockbroking retainers - when does the duty to advise arise?
1 March 2011
Discretionary mutual funds - reporting obligations extended
1 March 2011
Financial advice - not just a click away
1 March 2011
PI insurance required for trustees
1 March 2011
Insurance and reinsurance update - March 2011: Asia Insights
1 March 2011
Proposal for independent insurance authority remains controversial
1 March 2011
Opinion divided on proposed healthcare reforms
1 March 2011
Welcome
1 March 2011
Current issues and challenges facing boards of Australian companies
1 March 2011
Government releases draft bill to outlaw price signalling
1 March 2011
Welcome developments for non-Australian funds
1 March 2011
Top ten issues for Australian funds in 2011
1 March 2011
Workplace (e)ssentials - March 2011
1 March 2011
Legal and regulatory developments in Australia - March 2011
1 March 2011
Regulatory capital increases: they are not just for banks
1 March 2011
Union official succeeds in adverse action claim
1 March 2011
Employer takes adverse action by denying workplace opportunities
1 March 2011
Employer permitted to require employee to accept lower-skilled role
1 March 2011
Union obtains protected action ballot order after employer’s refusal to bargain
1 March 2011
February
Class Action Quarter 1 2011
28 February 2011
Federal Court clarifies the test for novelty
28 February 2011
Anti-dumping laws - coming into focus - 25 February 2011
25 February 2011
Queensland’s disaster management solution – The Queensland Reconstruction Authority Bill (Qld)
18 February 2011
Opportunities for investment in foreign funds by Australian residents: Exposure Drafts for the proposed foreign accumulation fund and controlled foreign company amendments released
17 February 2011
A new Great Wall? China completes another piece of the competition law puzzle with national security rules
16 February 2011
Home loan exit fees - Exposure Regulation
15 February 2011
China derivatives update - PRC banks may trade cross currency swaps with their clients and reforms on CBRC Derivatives Rules
15 February 2011
Workplace and Employee Relations Update - February 2011
12 February 2011
Executive remuneration reforms
12 February 2011
No finding of permanent employment after expiry of fixed term contract
12 February 2011
Employer breaches contract by failing to set performance objectives or conduct performance reviews
12 February 2011
Union refused access to meal room to hold discussions
12 February 2011
FWA full bench confirms employees should have been redeployed to associated entities
12 February 2011
2011 Funds Planner - Top 10 issues
11 February 2011
A turning point for interlocutory injunctions in patent cases?
9 February 2011
The Lomas decision - flawed assets and the ISDA master agreement
8 February 2011
Draft model OHS regulations released for public comment
2 February 2011
Changes to ground water management regime involving the coal seam gas sector
2 February 2011
Increasing penalties in Queensland for workplace incidents
2 February 2011
The importance of annual reporting requirements under development consents
2 February 2011
Towards the new national urban policy
2 February 2011
HSE (e)ssentials update - February 2011
2 February 2011
Workplace (e)ssentials February 2011
1 February 2011
January
The Goodridge appeal: no new law found
27 January 2011
Financial Services - Government releases options paper on review of retail/wholesale distinction
25 January 2011
China further expands the cross-border renminbi settlement pilot scheme
24 January 2011
China proposes new internet regulation
24 January 2011
Price signalling - two Bills compared, neither needed
21 January 2011
Treasury clarifies 19 January Foreign Fund Exemption announcement
21 January 2011
Allocation of income on redemption and other unit trust issues — the Federal Court decides in Colonial First State Investments
19 January 2011
New exemption for foreign funds announced
19 January 2011
A new boom in Australian resources
18 January 2011
Shanghai QFLP private equity fund rules released at last
17 January 2011
Invoking a force majeure clause: practical guidance
14 January 2011
Contract Law Update January 2011
13 January 2011
Advance to go: China's competition reforms: Part 2 - Monopoly agreements and dominance
12 January 2011
China’s competition regulators launch new year reforms: Part 1 - Pricing
7 January 2011
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