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Mallesons’ Publications

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Latest publications

We produce a wide range of regular and one-off publications from across our expertise areas.

2009

July

Further changes to Australian Employee Share Scheme rules announced - 1 July 2009

D&O Insurance premiums - can companies pay? - 1 July 2009

Workplace (e)ssentials July 2009

June

China regulates virtual currency transactions - 30 June 2009

Unfair Contracts Bill: implications for financial services providers - 30 June 2009

PPS Bill: major changes to personal property securities registration - 30 June 2009

New Australia - NZ double tax agreement signed - 29 June 2009

Workplace and Employee Relations Update June 2009

Kalamari or Calamari? New ACCC food labelling guide - 26 June 2009

National Consumer Credit Protection Bill introduced - 25 June 2009

Important disclosure changes for unlisted retail managed funds - 25 June 2009

Overhaul of development regulation in Qld - life after IPA - 25 June 2009

Government introduces executive termination payment laws into Parliament - 24 June 2009

China outbound investment approval process refined - 24 June 2009

Unfair terms Bill introduced into Federal Parliament - 24 June 2009

Speeding up procedure: IP Australia announces additional reforms - 19 June 2009

Analysis of the NSW mortgage duty changes - 19 June 2009

Widening the scope of share and interest purchase plans - ASIC class order - 18 June 2009

Australian Federal Court excludes forwards from derivative regulation - 18 June 2009

Urban Growth Boundaries - invitation for public submissions - 18 June 2009

Queensland Land Tax: a win for landlords - 18 June 2009

Major NSW Stamp Duty changes announced - 18 June 2009

New forum for construction and engineering disputes in the Vic Supreme Court - 17 June 2009

Full Court confirms enantiomers patentable for 20 yr term - 17 June 2009

Cartel conduct criminalised in Australia - 17 June 2009

Full Court confirms enantiomers patentable for 20 yr term - 17 June 2009

New forum for construction and engineering disputes in the Vic Supreme Court - 17 June 2009

New Supreme Court forum for IT disputes - 16 June 2009

Facebook to offer trade mark protection in new username land rush - 12 June 2009

No Sweet Reward for Mars - 12 June 2009

Mallesons IT Update - June 2009

International arbitration update - winter 2009

Construction Update - Winter 2009

Equity derivatives: Issues paper on proposed disclosure framework - 10 June 2009

Chinese antitrust regulators signal the commencement of AML investigations and fines - 9 June 2009

Employee share schemes: Options paper and draft legislation for Budget changes released - 9 June 2009

Brisbane Construction Legal Update - June 2009

Commercially sensitive documents exposed by FOI in Queensland - 5 June 2009

Financial incentives for multinationals setting up regional headquarters in Beijing - 4 June 2009

Bamford: Landmark decision in taxation of Australian trusts - 3 June 2009

Workplace (e)ssentials - June 2009

Competition Quarterly Update - June 2009

Managed investment trusts and capital gains - Treasury Discussion Paper released - 1 June 2009

Commencing 2010: commercial buildings required to disclose ‘green credentials’ - 1 June 2009

May

On Board May 2009

The low carbon crunch: momentum gathers towards Copenhagen - 29 May 2009

Insurance and reinsurance update (May 2009)

Proposed employee share scheme amendments - key issues to consider - 25 May 2009

China prepares for consumer finance companies - 25 May 2009

India’s new competition laws: regulating anti-competitive conduct - 22 May 2009

Australian financial authorities release report on OTC market - 22 May 2009

Changes to consumer credit regulation - implications for insurance - 19 May 2009

2009 Federal Budget measures - Significant changes for managed funds - 15 May 2009

Australian Government tables emissions trading legislation - 14 May 2009

The reincarnation of the administrator’s equitable lien - 14 May 2009

ATO issues new ruling on “ordinary time earnings” - 14 May 2009

Important changes to the employee share scheme tax concession - 14 May 2009

2009 Budget - New R&D Tax Credit - 13 May 2009

Government introduces paid parental leave scheme - 13 May 2009

2009 Budget overview- tax highlights at a glance - 12 May 2009

Exposure Draft on unfair terms released - 12 May 2009

Guide to business in Australia 2009

Release of new margin lending & securities lending regulation - 7 May 2009

ACCC issues guidelines on new component pricing laws - 7 May 2009

New mortgage rules for NSW - 7 May 2009

Creeping acquisitions - Government releases second discussion paper - 6 May 2009

Government releases new laws to limit executive termination benefits - 5 May 2009

Workplace (e)ssentials - May 2009

2009 Defence White Paper released - 4 May 2009

Octaviar - proposed solutions for the past and the future - 1 May 2009

Default fund nomination in modern awards to be reviewed - 1 May 2009

Permanent establishments: new Interpretative Decision issued - 1 May 2009

April

On Board April 2009

Chinese regulators battle ready - 30 April 2009

Release of National Consumer Credit Protection Bill 2009 - 27 April 2009

James Hardie decision puts directors’ responsibilities in the spotlight - 24 April 2009

High Court thaws on EPGs: IceTV successful in copyright case - 24 April 2009

Genuine redundancy payments: final Taxation Ruling issued - 24 April 2009

Commonwealth Government inquiry into contribution of the not-for-profit sector - 23 April 2009

New draft regulation on solvency clauses for debt/ equity tax rules - 22 April 2009

Government stimulus package offers QLD social housing opportunities - 21 April 2009

Contaminated land: draft Guidelines on the duty to notify the NSW EPA - 16 April 2009

Construction Update - Autumn 2009

Executive remuneration - tighter regulation moves a step closer - 8 April 2009

Government flags speedier resolution to infrastructure access disputes - 8 April 2009

Workplace and Employee Relations Update - April 2009

‘Use it or lose it’ approach confirmed - 7 April 2009

"No waiver" clauses: how effective are they? - 6 April 2009

Australia gets inventive: major changes to Patents Act proposed - 3 April 2009

Reforms to the offering and distribution of structured products in Hong Kong - 2 April 2009

Workplace (e)ssentials - April 2009

March

Full Court rejects $3.2 million claim for testing back-up copy of software - 27 March 2009

The new industrial relations system - top 10 transitional tips - 20 March 2009

Business response to government intervention in golden handshakes - one to watch - 19 March 2009

New Master Agreement for Financial Derivatives in China - 18 March 2009

Proving a patent is obvious - be careful when preparing the evidence - 12 March 2009

Australian Government releases draft emissions trading legislation - 11 March 2009

Court widens category of registrable instruments relating to charges - 10 March 2009

ASIC extends ban on covered short selling of financial stocks - 5 March 2009

Competition Quarterly Update - March 2009

Mallesons Construction Legal Update

Government announces extension of APRA's supervisory and enforcement powers - 2 March 2009

Workplace (e)ssentials March 2009

February

Small Business and General Business Tax Break - details revealed - 27 February 2009

Henry Review calls for final public submissions - 26 February 2009

Court confirms cheap share registry access for predatory buyer - 24 February 2009

ASIC takes further action on placements - 24 February 2009

Insurance and reinsurance update - Feb 2009

Executive Remuneration: Guidelines and Developments - 19 February 2009

Panel releases further details of proposed national OHS laws - 18 February 2009

New national consumer law - submissions due in one month - 18 February 2009

Government announces drawdown relief for pensioners and annuitants - 18 February 2009

Changes to Australia’s Foreign Investment Regime - 17 February 2009

Key legal and tax issues arising from “straddle contracts” in a tax consolidation environment - 12 February 2009

Chinese merger control - new draft measures mean greater risk - 11 February 2009

Global Credit and Climate Crisis: A Green New Deal - February 2009

Workplace (e)ssentials - February 2009

January

Brisbane Energy and Resources legal update - January 2009

Ingot Capital case - Implications for investment banks - 30 January 2009

China’s social justice revolution continues - 23 January 2009

Further steps to open the Chinese corporate bond market - 15 January 2009

SFC revised advertising guidelines and enhanced disclosure requirements - 14 January 2009

Further developments in Chinese merger control to welcome in the New Year - 9 January 2009

Deferred Implementation of Extended Black Out Period Rule - 6 January 2009

2008

December

Capital Adequacy: Internal Model-based Method - 24 December 2008

Financial Claims Scheme - new regulations - 24 December 2008

Amendments to Part 2B of the Fair Trading Act 1999 - 23 December 2008

ASIC investigations and waiver of privilege - AWB Ltd v ASIC - 23 December 2008

HKEx clarifies certain rule requirements for listed issuers

APRA prudential supervision of general insurance groups - 22 December 2008

Review of the Code of Banking Practice - Final Report Released

New super guarantee draft ruling: Can overtime be "ordinary time earnings"?

New Australian short selling regime - 16 December 2008

New acquisition finance rule to boost Chinese M&A market - 15 December 2008

Australia commits to 5% greenhouse emissions cut - 15 December 2008

Federal Court Decision: Liquidators not personally liable for GST - 15 December 2008

Construction Update - Summer 2008

Tax System Review Panel releases consultation papers - 10 December 2008

Amendments to Contaminated Land Management Act 1997 (NSW) - 10 December 2008

Amendments affecting CGT scrip for scrip roll-overs for corporate restructures - 9 December 2008

The new VAT rules and planned changes - 9 December 2008

Amendments to the Hong Kong Stock Exchange Listing Rules 2009 - 5 December 2008

Prevention of double taxation for rights provided through employee share trusts- 5 December 2008

TOFA Legislation Introduced into Parliament - 4 December 2008

Competition Quarterly Update - December 2008

Workplace (e)ssentials December 2008

November

Changes for mineral exploration enterprises in the new economic and tax environment - 28 November 2008

Tax issues affecting rights issues, share purchase plans, demergers and returns of capital - 28 November 2008

The tide turns: What you need to know about the Fair Work Bill - 27 November 2008

ACCC releases new Merger Guidelines 2008 - 25 November 2008

Chinese merger review receives its first toast - 21 November 2008

Brisbane Construction Legal Update - November 2008

Mallesons ICA Update - November 2008

Australian Government releases guarantee scheme documents - 21 November 2008

Protecting a “Monster” reputation - 19 November 2008

Julia Gillard talks up IR Reforms - 14 November 2008

Government releases consultation paper on superannuation clearing house & lost members - 14 November 2008

China environmental update - November 2008

Commonwealth and Victorian Greenhouse Gas Storage Acts passed - 13 November 2008

NSW State Mini-Budget released - 11 November 2008

Post-2012 Carbon World: EU reforms and developments in aviation and shipping- 11 November 2008

ASIC focuses on ratings agencies, credit default swaps & hedge funds - 11 November 2008

Workplace and Employee Relations Law Update - November 2008

EPBC bilateral agreement - 7 November 2008

A Closer Look at Cartel Criminalisation - 7 November 2008

Panel releases details of proposed national OHS laws - 7 November 2008

Workplace (e)ssentials November 2008

Worksafe Blitz in Victoria - are you ready? - 5 November 2008

Natural Resources and Energy Law Update October 2008

October

Guidance on notification of circumstances clauses in claims-made insurance policies - 31 October 2008

Treasury modelling suggests CCS development vital - 30 October 2008

Tax review of managed investment trust arrangements - 29 October 2008

Cartelists Closer to the Clink - 28 October 2008

Policyholder Compensation Facility and a framework for judicial management - 28 October 2008

High Court guidance on contributory infringement by product suppliers - 22 October 2008

Australian government introduces depositor protection legislation - 15 October 2008

Prior use grace period - an anomaly for divisional patent applications - 15 October 2008

RFP invited for AOFM mortgage backed securities proposal - 14 October 2008

Retail disclosure standards in Hong Kong - 10 October 2008

Insurance and reinsurance update - October 2008

EFT Code consultation paper - submissions due 5 December 2008 - 3 October 2008

Legislative amendments to restore the tax treatment of rights issues - 3 October 2008

National consumer credit regulation: 18-24 months and national consumer law - 3 October 2008

Taxation of Financial Arrangements: new exposure draft legislation released - 1 October 2008

Workplace (e)ssentials - October 2008

September

UK Companies Act 2006 - October 2008 implementation

Australian Federal Court affirms netting contract - 30 September 2008

Federal Court delivers decision regarding meaning of “absolute entitlement” trust - 29 September 2008

Government to invest in Australian RMBS- 29 September 2008

Changes to GST Margin Scheme Rules - 26 September 2008

Superannuation for temporary residents - Bills introduced - 26 September 2008

Managed Funds - changes to the eligible investment rules (Division 6C) - 26 September 2008

Back on track: Pilbara rail access applications to proceed - 25 September 2008

"Mortimer Review" of DMO released - 24 September 2008

ASIC modifies covered short selling ban - 23 September 2008

ASIC bans naked and covered short sales from 22 September

Government releases further details of IR reforms - 17 September 2008

ASX market rule changes for the new AQUA market - 16 September 2008

ACCC proposes more roll back of access regulation - 16 September 2008

Australia’s National Innovation Report- Key Points for Corporate Counsel - 11 September 2008

Construction Update - Spring 2008

Reduce carbon by 10% by 2020: Garnaut - 5 September 2008

Reminder: ASIC passporting relief notices due this month

Final ASIC disclosure guidelines for unlisted property and mortgage trusts - 4 September 2008

Second stage of award modernisation process commences - 3 September 2008

Competition Quarterly Update- September 2008

Government releases discussion paper on creeping acquisitions - 1 September 2008

Workplace (e)ssentials - September 2008

August

Mutual Recognition Agreement between the US and Australia - 29 August 2008

Voluntary Guide to Handling Personal Information Security Breaches released - 28 August 2008

ACCC grants Telstra exemption from access obligations - 28 August 2008

The definition of ‘innovative step’ - a judicial first - 26 August 2008

Issue and redemption of units in managed funds - 22 August 2008

China’s merger control laws - an event of olympic proportions - 22 August 2008

Enantiomer claims fail; salt claims stand - 21 August 2008

ATO changes view on GST and residential development costs - 21 August 2008

Workplace and Employee Relations Update - August 2008

Greenhouse Gas Storage Bill - House of Representatives Report released - 18 August 2008

The National Consumer Framework - 18 August 2008

ALRC recommends changes to regulation of health information - 12 August 2008

Major privacy reforms proposed by ALRC - 11 August 2008

Confirmation of product rationalisation - 8 August 2008

Climate change impacts and planning controls - 8 August 2008

WARNING: Period for holding application money - 7 August 2008

Australian tax system review - Treasury Discussion Paper issued - 6 August 2008

Key findings of the ACCC's grocery inquiry - 6 August 2008

Limited scope for patent non-infringement declarations - 5 August 2008

ASIC continues to take regulatory action against foreign financial services providers - 5 August 2008

Who’s suing who? - New laws to improve access to court information - 4 August 2008

Electronic discovery obligations in the Supreme Court of NSW - 4 August 2008

Workplace (e)ssentials - August 2008

July

Changes to Division 6C - Trading Trusts - 29 July 2008

Criminal liability for business end-user piracy in Hong Kong - 29 July 2008

Class Actions Bulletin - July 2008

Commonwealth Auditor-General - access and disclosure clauses in Defence Contracts - 18 July 2008

Government releases green paper on carbon trading - 16 July 2008

New AUSTRAC public legal interpretation - What constitutes a reporting entity - 14 July 2008

Australia-Hong Kong mutual recognition of retail funds - 8 July 2008

Full steam ahead - Garnaut’s emissions trading plan - 4 July 2008

Consumer credit regulation will be transferred to the Commonwealth - 4 July 2008

NSW liquor industry faces shake up - 1 July 2008

Use it or lose it - 1 July 2008

Workplace (e)ssentials - July 2008

June

Crucial greenhouse reporting instruments released - 30 June 2008

New Tax Rules - Distributions of managed investment trust income to foreign investors - 27 June 2008

Treasury releases final DOFI exemption regulations - 24 June 2008

Government releases new national employment standards - 20 June 2008

Construction Update - Winter 2008

Hong Kong opens the way for CDM projects - 6 June 2008

Major reform of credit and financial services laws - 3 June 2008

Tax highlights - NSW Budget - 3 June 2008

Workplace (e)ssentials - June 2008

Privacy law back on the agenda - 2 June 2008

National OHS laws: time to have your say - 2 June 2008

May

Full Federal Court delivers judgment in Ranbaxy v Warner-Lambert - 30 May 2008

International arbitration update - May 2008

Draft DOFI regulations relating to data collection and consumer protection released - 29 May 2008

Review of the Code of Banking Practice - Issues Paper Released for consultation - 29 May 2008

APRA extends the transitional arrangement deadline for DOFIs - 27 May 2008

Clear Channel litigation - specific performance of financing and merger agreements - 23 May 2008

Professional investor or not? - 23 May 2008

Victorian Planning Reforms - 23 May 2008

High Court decision overturns GST treatment of forfeited deposits - 22 May 2008

Updates on CBRC Notice 47 re wealth management products - 22 May 2008

A changing superannuation landscape for employers - 22 May 2008

The Victorian Government’s Green Paper - 22 May 2008

Energy efficiency reforms introduced in Queensland - 21 May 2008

Offshore funds - release of CFC/FIF issues papers - 21 May 2008

Greenhouse Gas Storage Bill released - 20 May 2008

Personal Property Securities Bill released - 16 May 2008

Suppliers and lessors of goods beware - personal property securities reform is coming - 16 May 2008

Non-traditional Undocumented Rights Issues - ASIC Class Order - 15 May 2008

2008-09 Budget changes affecting employee share and option schemes - 15 May 2008

Hong Kong releases proposals for a cross-sector competition law - 15 May 2008

Productivity Commission Review of Australia's consumer policy framework - 14 May 2008

Proving a patent is obvious - traps in briefing experts - 14 May 2008

Margin scheme changes flagged in Budget - 14 May 2008

2008 Budget overview - tax highlights at a glance - 13 May 2008

Mandatory carbon reporting - are you ready? - 13 May 2008

Full Federal Court overturns IceTV decision - 12 May 2008

Harmonisation of Greenhouse Reporting Schemes - 7 May 2008

Anti money laundering changes for securities dealing - 5 May 2008

Australian court confirms absolute transfer - 2 May 2008

Workplace (e)ssentials - May 2008

The Producer Offset: the financier’s perspective - May 2008

April

ACCC draft decision to grant Telstra exemption applications - 30 April 2008

Limited transitional arrangement for DOFIs under draft regulations - 29 April 2008

Bye Bye Birdsville - 28 April 2008

China strengthens its regulation on wealth management products - 24 April 2008

IP generated by researchers and academics is not necessarily owned by their employer - 23 April 2008

Collateral Benefits in Takeovers - Takeovers Panel Guidance Note released - 18 April 2008

APRA releases draft prudential framework for general insurance groups - 17 April 2008

Voluntary privacy breach reporting - 17 April 2008

Equity Derivatives - Takeovers Panel Guidance Note issued - 14 April 2008

How to speed up processing of your Australian or US patent application - 11 April 2008

Regulation of Direct Offshore Foreign Insurers - Limited Exemption Arrangements - 8 April 2008

First Step Towards National Occupational Health and Safety Laws - 7 April 2008

Online delivery of financial services information - Consultation Paper released - 4 April 2008

China publishes draft filing obligations for merger control regime - 3 April 2008

Federal Court aims to streamline Australian patent litigation - 3 April 2008

Workplace and Employment Relations Update - April 2008

UK Companies Act 2006 - April 2008 implementation - 2 April 2008

Proposed changes to component pricing - 2 April 2008

Workplace (e)ssentials - April 2008

March

It may not be a bargain after all - matters to be aware of when purchasing distressed assets - 28 March 2008

Full Federal Court considers the meaning of “relevant to work in the relevant art” - 26 March 2008

Abolition of WA security duty - 25 March 2008

Hong Kong's new Hazardous Chemicals Control Ordinance - 25 March 2008

Construction update - Autumn 2008

Professor Garnaut releases ETS design proposal - 20 March 2008

ASIC changes policy on secondary sale relief for convertible bonds - 17 March 2008

Personal property securities reform still on the agenda - 14 March 2008

Nufarm Ltd v Jurox Pty Ltd - a lesson in construction of claims - 13 March 2008

Competition Quarterly Update - February 2008

Commissioner may not be able to restrict GST refunds - 4 March 2008

Consequential loss - a new definition - 3 March 2008

Workplace (e)ssentials - March 2008

Affordable housing initiative will create new property industry sector - 3 March 2008

Air at the end of the tunnel, Part II - 3 March 2008

A new energy law for China - 3 March 2008

February

Defence client alert - 27 February 2008

Concerns over margin scheme sales for residential developments - 26 February 2008

Taxation review of managed investments - 26 February 2008

China re-opens domestic capital markets to foreign investors - 26 February 2008

Corporate Governance Update - February 2008

International arbitration update - February 2008

Counsel Seminar: Force Majeure clauses - Key questions answered - 22 February 2008

Workplace and Employee Relations Law Update - February 2008

International arbitration update - February 2008

ACCC releases new draft merger guidelines 2008 - Safe harbours and first ports of call - 14 February 2008

National Employment Standards: Exposure Draft released - 14 February 2008

The demise of AWAs? – 13 February 2008

Changes to Victorian discrimination law – family/carer responsibilities – 12 February 2008

Workplace and Employee Relations Law Update February 2008

Product Rationalisation - Treasury has released submissions - 8 February 2008

Victorian Energy Efficiency Target set to launch in 2009 - 8 February 2008

First Home Saver Accounts - Consultation Paper released - 8 February 2008

Ralph Lauren copyright case against importer - 8 February 2008

Too green to be true? The ACCC's investigation into carbon neutral claims – 5 February 2008

National Greenhouse and Energy Reporting System Discussion Paper - Update - 1 February 2008

Workplace (e)ssentials - February 2008

January

OHS (e)ssentials - January 2008

Managed investment scheme issuers are now subject to anti-money laundering laws - 30 January 2008

Geothermal Energy now regulated by WA Petroleum Act - 23 January 2008

Oil Over Troubled Water – The Petrol Inquiry – 22 January 2008

Cracking Cartels - Kevin Contemplates The Clink - 15 January 2008

High Court decides holdbacks must be disclosed in CCC contracts - 4 January 2008

Archived publications

2007 archived publications

All archived publications

Other publications

Guide to business in Australia 2009

EPC contracts in the oil & gas sector - August 2004

EPC contracts in the renewable energy sector - June 2004

Patent case review - 2007

Patent case review - 2006

Patent case review - 2005

If you have any queries in relation to our publications, please contact Liz Quirk at

This publication is only a general outline. It is not legal advice. You should seek professional advice before taking any action based on its contents.