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Allens Insights

InIP: The Ripple effect

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under ‘PayID’ branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed.

InIP: Copyright in the Aboriginal flag

A Senate Select Committee established to look into the flag’s copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist.

InIP: Franchising Changes Back In Motion

A range of Australian franchising amendments is expected to be implemented next year, with likely changes to both disclosure documents and franchise agreements. Meanwhile, franchisor, Back In Motion Physiotherapy has made an undertaking to the ACCC regarding potentially unfair contract terms.

Unravelled: [Title]

The Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process.

Australia’s second shareholder class action judgment

In the wake of Crowley v Worley Limited, Australia’s first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders.

A key landmark in IBOR transition

The long-awaited ISDA IBOR Fallbacks Supplement and Protocol will be going live today with the endorsement of ASIC, the RBA and APRA. They implement new benchmark fallbacks for both future and existing derivative contracts, facilitating the efficient transition from LIBOR and other IBORs.

Major NSW mining lease rehabilitation reforms for all mines

All new and existing all new and existing mining leases in NSW will be regulated by new standard rehabilitation conditions under proposed reforms by the NSW Resources Regulator (Mining Amendment (Standard Conditions of Mining Leases – Rehabilitation) Regulation 2020).

Linklaters: Key finance insights

The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions.

In Touch: 01 Competition news

Full Federal Court says environmental claims on packaging not misleading representations; ACCC publishes first report on airline competition; more authorisations in response to COVID-19; and other developments

From MySuper to YourSuper

The Government released a paper entitled ‘Your Future, Your Super’ setting out ‘reforms to make your super work harder for you’ in the 2020-21 budget.  This article summarises the measures and gives our take on them. 

Linklaters: Key finance insights

The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions.

Double-duty provisions re ‘land development’

The Victorian SRO has released a draft revenue ruling in an effort to provide practical guidance as to what types of activities constitute ‘land development’. Unfortunately, the Draft Ruling does not overcome the existing uncertainty in some common situations and arguably seeks to expand some types

Dollars and sense: the evolution of executive

The need for robust executive remuneration frameworks is becoming increasingly important as companies tackle the challenges arising out of the COVID-19 pandemic, a heightened regulatory environment and the need to strike the right balance with executives to drive and reward conduct and performance t

ALRC recommendations

The ALRC Report contains a comprehensive review of federal criminal laws and how they apply to companies. It also indicates that federal criminal law may have a role to play in the regulation of human rights impacts arising in the context of international operations of Australian corporations.

Incident response map

This Incidence Response Map provides high-level guidance on responding to an ‘incident’, such as possible foreign bribery, serious fraud and other breaches of laws that can have significant financial, reputational and commercial implications.