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Allens Insights

Unravelled: Proposed changes to APS220

In the absence of the Responsible Lending Obligations, lending by Australian banks will be regulated by APRA. This means the new Credit Risk Management Prudential Standard (APS220) will be the central legislative guidance in designing consumer assessment and lending protocols.

Unravelled: Financial Sector Reform Bill 2020

The Financial Sector Reform (Hayne Royal Commission Response No. 2) Bill 2020 aims to implement the Hayne Royal Commission recommendations re changes to ongoing advice fee arrangements and superannuation trustees passing on advice fees.

Small business restructuring reforms

On 10 December 2020, the Federal Government’s insolvency reform package relating to small business was passed by the Parliament. The new laws provide for a debt restructuring process which is intended to provides small businesses with more options.

InIP: Exhaustion of rights doctrine is now in Australia

Calidad Pty Ltd v Seiko Epson Corporation confirms the exhaustion of rights doctrine now applies to Australian patent law. Patent owners cannot exercise their rights under the Patents Act 1990 (Cth) (Act) over specific patented products once those specific products have been sold onto the market.

What happened in 2020 and significant events in 2021

Year in Review 2020 and Year to Come 2021 summarises some of the major developments across Australia last year, and a selection of key changes that we anticipate over the coming year. There are links to further reading, where available.

Major FIRB reforms to commence on 1 January 2021

The Australian Government has finalised and released legislation to make major changes to Australia’s foreign investment laws – commonly known as the ‘FIRB regime’ – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime.

Australia moves one step closer to adopting a worldwide

Australian Government enact legislation to establish a worldwide human rights sanctions regime. We report on why the Committee’s recommendations have implications for your business’s approach to sanctions risk management, as well as for Australia’s broader sanctions framework.

Industrial relations reform bill introduced by Federal Government

The Federal Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 into Parliament. This omnibus Bill aims to reform five areas of industrial relations which have been the focus of the IR reform roundtables held by the Government.

Spotlight on the need for social and affordable housing

The pandemic has laid bare Australia’s overextended and under-invested social and affordable housing market. We look at some of the investment initiatives that have been pursued to date by the state governments. We  also suggest some regulatory and planning changes that can be made.