The Full Federal Court has held that, when the court is faced with multiple ‘competing’ class actions in relation to the same issue, it can choose one to proceed and stay the others. In doing so, it said that there is no ‘one size fits all’ solution to the problem of competing class actions, and that different cases will require different approaches. Partner Jenny Campbell and Senior Associate Alex Tolliday report.

Product safety has been high on the ACCC’s agenda in 2018 and, with the holiday retail frenzy about to begin, it should also be high on the agenda of all retailers and suppliers. Following on from International Product Safety Week last week, it is a good time for businesses to review their processes and procedures to ensure they comply with the Australian Consumer Law’s product safety regime. Partner Miriam Stiel and Senior Associate Julia Taylor set out some important considerations.

In the wake of the last COAG Energy Council meeting, at which it was agreed the National Energy Guarantee’s reliability component should be progressed, new draft legislation gives effect to a ‘Retailer Reliability Obligation’. Partner Anna Collyer and Associate Luisa Colosimo report.

Tasked with preparing a draft Strategic Energy Plan on behalf of the COAG Energy Council, the Energy Security Board has developed five key outcomes and a list of objectives for the National Electricity Market, and is seeking industry feedback on the proposed metrics for evaluating market performance against these objectives. Partner Anna Collyer and Associate Luisa Colosimo discuss the ESB’s proposal, and opportunities for stakeholders.

Vietnam continues to be an attractive destination for foreign investors. As well as raising capital from equity investors, both Vietnamese and foreign-invested enterprises continue to require foreign debt capital in the form of loans from overseas banks to establish and grow their businesses here. Although foreign loans are not new in Vietnam, there are a number of longstanding, and more recent, issues that arise for both borrowers and lenders in the process of structuring and implementing such a loan.

The Government’s highly controversial encryption legislation was hastily passed through Parliament last week, making it the first legislation of its kind globally. Partner Valeska Bloch and Paralegal Sophie Peach report.

As the Federal Modern Slavery Bill has passed Parliament, Australian entities (or entities carrying on a business in Australia) with at least $100 million global consolidated revenue will be required to submit an annual modern slavery statement on the risks of modern slavery in their operations and supply chains. While the first statement will not be due until 2020, you should take steps now to ensure that, when the time comes, your business can meet the reporting obligations. Partner Paul Nicols, Senior Associate Dora Banyasz, Senior Associate Clare Bradin and Associate Holly Woodcroft report.

The decision in a recent Supreme Court of New South Wales case, where indemnity was sought for costs incurred defending and settling a class action, highlights a potential gap in coverage under civil liability insurance policies. Partner Louise Jenkins, Senior Associate Julia Clemente and Lawyer Calypso Strauss report.

Online businesses have been booming in Vietnam, with the digital economy growing by more than 25 per cent in the past 12 months. This rise of the digital economy coupled with regulatory reform has accelerated the uptake and use of e-payment in Vietnam, and there has been a sharp increase in foreign investment in the sector. In this report, we look at the legal framework for e-payment activities; the key legal issues and options for foreign investment in this sector; and the proposed changes to the e-payment regulations.

Comment is being sought on new guidelines designed to enhance good tax behaviour and create an even playing field for businesses that comply with their tax obligations. Partner John Greig and Lawyer Patrick Broe outline the proposed guidelines, the implications for tenderers, and some matters that tenderers may wish to consider raising in their submissions, before the 21 December deadline.

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry Interim Report, and a raft of announcements at the federal level over the past 12 months, point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond. Partner Paul Nicols, Senior Overseas Practitioner Chris Kerrigan and Associate Samantha Naylor Brown report.

Key areas of focus included law reform in relation to data protection and foreign investment regulation and taxation as well as new laws aimed at protecting critical infrastructure assets and making companies operating in Australia more accountable in some of their business practices and operations.

Year in Review 2018 discusses some of the key areas of focus in PNG in 2018. Areas of reform in 2018 included capital markets regulation and improving infrastructure through a Public Private Partnership Act encouraging the private sectors’ interest in working with the Government to develop much-needed infrastructure.

Key areas of focus included law reform in relation to data protection and foreign investment regulation and taxation as well as new laws aimed at protecting critical infrastructure assets and making companies operating in Australia more accountable in some of their business practices and operations.

The Allens 3D Printing Practice recently held a workshop in Melbourne and Sydney which explored key legal issues arising from 3D printing, particularly for the healthcare industry. Our Allens panel members – Sarah Matheson, Ric Morgan, Phil O’Sullivan, Dr Tony Shaw, Tracy Lu and Rob Munro – were joined by industry leaders

In this edition: how new technologies can assist in preventing food fraud; two recent cases of interest to food and beverage companies seeking to distinguish their marks from competitors’; what happens when an offshore giant attempts to take on a longstanding local user of a mark; and confirmation from the Federal Court that food and beverage industry participants can be found to have engaged in misleading or deceptive conduct for not complying with relevant regulatory regimes.

ASIC has extended the transition periods for certain fees and costs disclosure obligations applicable to superannuation funds and managed investment schemes by a further year, pending the release of its consultation paper on the regime. It has also delayed the expected release date for the consultation paper until January 2019. Senior Associate Stephanie Malon and Lawyer Katerina Dandanis report.

In this update we examine the progress of new and existing rule changes across the month of November and take a closer look at opportunities for stakeholders to provide input into the AER’s development of a Customer Hardship Policy Guideline.

Both Queensland and Western Australia have mechanisms designed to ensure that, in the face of the competing demands of LNG exports, adequate gas is available for domestic use. Queensland is now looking to go a step further, by imposing a condition on identified petroleum authorities to the effect that the gas produced be used to supply domestic manufacturers. Partner John Greig and Lawyer Mark Young review these developments.

As we, and many others, have written over the course of this year, the Royal Commission will bring (and, in fact, already has brought) monumental changes both in how banks are regulated and to the actual laws that apply to them.