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How Can Australia Continue Securing International Sport Events?
MinterEllison, October 2018

What needs to happen to secure the most sought-after international events on the sporting calendar? As Australia continues its reputation as a dependable major sports event host through the likes of the Gold Coast 2018 Commonwealth Games and the Invictus Games Sydney 2018, there has been an upsurge in interest from Australian cities, metropolitan and regional, to host major sporting events...

Planning for Privacy in Health Research
MinterEllison, October 2018

Information is critical to the conduct of health and medical research. Much of the time the information relates to individuals. Higher education institutions regularly collect, use, disclose and hold information, including health information, for research purposes...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, October 2018

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. Three Key Opportunities  1. Demographic Trend According to the Australian Institute of Health and Welfare, healthcare expenditure in Australia is growing faster than population growth and GDP growth...

Decrypting the Decryption Bill
MinterEllison, October 2018

Following a short period of public consultation, the Telecommunications and Other Amendments (Assistance and Access) Bill 2018 (Cth) (Bill) has been introduced into Parliament. Despite the extensive public concerns raised with the Exposure Draft version, only a small number of amendments have been made to the Bill. Following extensive submissions and much debate, the 'decryption Bill' has now been introduced into Parliament...

How is Australia Managing the Transition to Renewable Energy?
MinterEllison, October 2018

In Australia, we're seeing enormous opportunities and some policy challenges in renewable energy...

Healthcare's Deal Boom
MinterEllison, August 2018

"The global healthcare deal frenzy is set to continue for at least another 18 months as technology giants including Amazon, strategic players and private equity firms step up their fight for limited assets...

Consultation on a Proposed Model to Extend Unfair Contract Terms (UCT) Protections to Insurance Contracts - Australia
MinterEllison, July 2018

Earlier this year, the government released a proposal paper: Extending Unfair Contract Terms Protections to Insurance Contracts outlining a model to extend unfair contract term (UCT) provisions to insurance contracts regulated under the Insurance Contracts Act 1984 (Cth) (IC Act) for consultation. The consultation period closes on 27 July. A high level summary of the proposed model is below...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, July 2018

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. Three Key Opportunities Demographic Trend According to the Australian Institute of Health and Welfare, healthcare expenditure in Australia is growing faster than population growth and GDP growth...

Future Technologies in Transport
MinterEllison, July 2018

What are some of the exciting developments we're seeing in transport? How can these be practically applied? We were delighted to host a Fast Track session as part of our sponsorship of Amplify, AMP’s innovation festival, where we explored how innovative high speed transportation systems will impact our future. But how can these new technologies be introduced into society? High speed transportation systems Long commutes could soon be history...

Shifting Consumer Expectations in Healthcare - Its an Empowerment Game
MinterEllison, December 2017

How new technologies and changing consumer expectations is signaling disruption to the health industry and the importance of finding ways to better measure and translate patient satisfaction and outcomes. Do you know if your clinician is doing a good job? What about the track record of your surgeon? Should you be entitled to know as a consumer? The industry is being disrupted – no longer is the family GP the dispenser of all health advice...

Australian Food and Agribusiness 2017
MinterEllison, July 2017

 2017 is a year of opportunity and challenge for the Australian food and agribusiness sector. We anticipate an uplift in food and agribusiness M&A activity, and have identified 6 key themes that are likely to play out in the remainder of 2017. Opportunities and Challenges – 6 key themes Three Key Opportunities 1...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, July 2017

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector.   Opportunities and Challenges – 6 Key Themes Three Key Opportunities 1...

Australian Food and Agribusiness 2017: Key Themes
MinterEllison, March 2017

2017 is a year of opportunity and challenge for the Australian food and agribusiness sector.  We anticipate an uplift in food and agribusiness M&A activity, and have identified 6 key themes  that are likely to play out in the remainder of 2017. Download our report: Australian Food and Agribusiness 2017: Key themes Opportunities and Challenges – 6 key themes Three key opportunities 1...

First Steps Down the Plank: New Australian Copyright Provisions Successfully Used to Block Pirate Sites
MinterEllison, December 2016

On 15 December 2016, Foxtel and a number of movie studios secured the first site blocking orders in Australia. The orders of Nicholas J of the Federal Court require the major Australian ISPs to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie (Pirate Sites)...

When IT Hurts, it Hurts: Cyber Attacks and Regulatory Action
MinterEllison, August 2016

Earlier this year, we released our inaugural cyber survey report, Perspectives on Cyber Risk (the Report), intended to provide insight into Australian organisations' cyber risk posture and cyber resilience capability.Perhaps one of the more surprising findings in the Report was that surveyed organisations did not appear to be overly concerned about the risk of regulatory action flowing from a cyber breach...

Signing Your Likes Away: Can a Contract Create Social Media Obligations?
MinterEllison, July 2016

In 2015, according to Sensis, 56% of large and 31% of small-to-medium sized Australian businesses had a social media presence of some kind. Of these, more than half reported measuring the success of their social media investment by their numbers of 'likes', followers and subscribers...

A tale of two telcos: matching rights and blocking stakes in recent schemes of arrangement
MinterEllison, June 2016

A recent wave of consolidation in the telecommunications sector has seen TPG Telecom acquire iiNet for $1.6 billion, Vocus Communications acquire Amcom Telecommunications for $653 million and Vocus acquire M2 Group in a 'merger of equals' valued at $3.0 billion. These three transactions have now created two industry powerhouses – TPG and Vocus. All three transactions were implemented by way of a scheme of arrangement between the notional target and its shareholders...

Health & Ageing sector - increasing investment opportunities
MinterEllison, March 2016

Increased deal activity is likely in Australia's health and aged care sector in 2016, driven by:• investment interest from China• Australian players targeting outbound opportunities through joint ventures and partnerships; and• consolidation in the aged and home care services areas.Rapidly ageing populations across our region are driving demand for high quality health care, especially in countries such as China and Japan...

Australian Tax Brief Multinational anti-avoidance law and country-by-country reporting introduced
MinterEllison, October 2015

What has happened?On 16 September 2015, the Federal Government introduced the Tax Laws Amendment (Combating Multinational Tax Avoidance) Bill 2015. The Bill contains two significant proposals, both of which were signalled in the 2015-16 Federal Budget in May 2015 (see 2015-16 Federal Budget - key tax announcements for business)...

Federal Court prefers Esso's understanding of industrial Action Notice
MinterEllison, October 2015

In Esso Australia Pty Ltd v The Australian Workers' Union [2015] FCA 758, the Federal Court upheld the validity of some, but not all, orders made by the Fair Work Commission (FWC) against industrial action at Esso's Longford Plant in Victoria...

Institutional Investment, Corporate Governance and Climate Change: What is a Trustee to do?
MinterEllison, February 2015

Recent publicity surrounding the exclusion or divestiture of stocks in carbon-intensive industries shows that leading investors are reviewing the financial risks (and opportunities) associated with climate change. However, with debate on climate change often pitched around ideological poles, many superannuation fund trustees are struggling to translate these developments into prudent governance practice, consistent with their statutory and general law duties...

Australian Tax Issues for Global M&A Transactions
MinterEllison, January 2015

Australia has a complex system of taxation including a Federal income tax, capital gains tax and goods and services tax (GST) and eight separate State and Territory systems of duties and taxes. Tax planning is therefore important to maximise after-tax investor returns. The following guide sets out some high level issues to consider on a global M&A deal where the target is an Australian company or business or where downstream Australian subsidiaries are involved...

Proposed New Withholding Tax Could Affect the Sale of Australian Property by Foreign Investors
MinterEllison, November 2014

Introduction: As noted in our earlier article, foreign investors in Australian entities may be unaware that in some  circumstances the Australian Taxation Office can assess them for tax on gains made from the disposal of their Australian investments. In particular, a foreign investor will be liable to Australian tax where they make a gain on the disposal of taxable Australian property...

Competition Law Overhaul – Harper Review Leaves no Stone Unturned
MinterEllison, September 2014

The Draft Report of the Competition Policy Review released yesterday aims to set the pathway for resuscitating productivity growth in Australia, shining a light on areas of the economy in need of reform. It focuses on what is needed to promote productivity enhancing choice, diversity and innovation and focussing on areas such as health, planning laws, power and road transport. The Draft Report recommends changes to key competition laws that apply to all Australian businesses...

From the Ground Up - Significant Changes to Queensland's Planning and Development Legislation
MinterEllison, September 2014

On 1 August 2014, the Queensland government released consultation drafts of the Planning and Development Bill 2014 (P&D Bill) and the Planning and Environment Court Bill 2014 (PEC Bill). The draft Planning Bills are proposed to replace the Sustainable Planning Act 2009 (Qld) (SPA) and seek to implement a new land-use planning and development assessment system that promotes prosperity through balancing economic growth, environmental protection and community wellbeing...

Competition Regulators Maintain Vigilance On Combating Cartels And Facilitating A Healthy Global Business Environment
MinterEllison, July 2014

Regulators around the world remain focused on the impact of cartels on business, and the Australian Competition and Consumer Commission (ACCC) is no exception. In 2013 the ACCC received 27 approaches in relation to cartels, resulting in 13 in-depth investigations. International cooperation in this area is increasing, due significantly to the work of the International Competition Network, the global organisation of competition regulators...

Australian tax can arise on gains from the sale of investments in Australian entities
MinterEllison, July 2014

Foreign investors in Australian entities may be unaware that in some circumstances the Australian Taxation Office (ATO) can assess them for Australian tax on gains made from the sale of their investment. The circumstances in which tax can arise are described in this article. In addition, law changes are proposed which (amongst other matters) would, from 1 July 2016, require purchasers to withhold 10% from the purchase price and pay that to the ATO in some circumstances...

Does Australia Need A Statutory Right To Privacy?
MinterEllison, May 2014

In a commentary piece published in Australia’s leading online media law publication, partner and head of our media practice Peter Bartlett argues that Australia already has laws to protect serious invasions of privacy and warns against the effect on reporting that a statutory right to privacy would have. He writes:  The reality is that Australia has many laws that already protect an individual’s right to privacy...

China Farm and Land Grab not the Reality – Australia Needs an Educated Debate in Order to Seize the Opportunity
MinterEllison, May 2014

With food and nutrition key issues for growing markets such as China, investment in Agribusiness is about supporting Asian partner objectives to grow "safe food" and "harvest protein", according to Adam Handley, President of the Australia China Business Council (WA) and a senior partner at law firm Minter Ellison...

China Farm and Land Grab Not the Reality – Australia Needs an Educated Debate In Order To Seize the Opportunity
MinterEllison, April 2014

With food and nutrition key issues for growing markets such as China, investment in Agribusiness is about supporting Asian partner objectives to grow "safe food" and "harvest protein", according to Adam Handley, President of the Australia China Business Council (WA) and a senior partner at law firm Minter Ellison...

UK High Court Calculates Loss of First Mover Advantage
MinterEllison, March 2014

In one of the few decisions of its kind, the UK High Court recently assessed the damages to be paid to a generic pharmaceutical company under a cross-undertaking in damages. While some aspects of the decision are specific to the UK pharmaceutical reimbursement scheme, the judgment will be a useful reference point for parties involved in similar litigation in Australia...

A Tweet that Wasn't so Sweet – Court Orders $105,000 in Damages for Defamatory Tweets and Facebook Posts
MinterEllison, March 2014

In a landmark case in Australia that is a first of its kind (but undoubtedly will not be the last), damages have been awarded to New South Wales school teacher, Mrs Christine Mickle, for offensive and defamatory tweets and Facebook posts made by an ex-student of the school where she taught.  The student, Andrew Farley, apparently held a grudge against Mrs Mickle for playing what he perceived as a role in the removal of his father from the position of head music teacher at the school...

The Technology, Media and Telecommunications Review: Australia
MinterEllison, November 2013

Rapid innovation and convergence in the TMT space in Australia, together with an ever-changing legal and regulatory environment, means that TMT organisations must constantly re-evaluate, and in some cases entirely re-engineer, their business models and strategies. This chapter, contributed by partners Anthony Lloyd, Paul Kallenbach and Paul Schoff, discusses the different laws and regulations that impact the TMT space in Australia...

Improving the Transparency of Tax Transparency of Tax Information in Australia – Who Will Benefit?
MinterEllison, July 2013

The renewed focus on the ’global tax share’ of OECD countries relative to the global profits of multinationals has reignited the debate about the adequacy and transparency of tax information in Australia. The following article considers the viability of recent proposals. In April 2013, Australia’s Assistant Treasurer released a discussion paper – Improving the transparency of Australia’s business tax system – that outlined three options for reform in this area...

Lending and Taking Security in Australia: Overview
MinterEllison, July 2013

2012 was a challenging year for Australia's loan markets. Australian loan markets were affected by continued uncertainty in global markets due to concerns over the Eurozone, the slowdown in China, a weak recovery in the US and, towards the end of the year, concerns around the US "fiscal cliff". Locally, there has been a lack of confidence among corporates, resulting in sluggish M&A activity. Certain sectors of the economy remained relatively soft, such as the retail sector...

All Systems Go - New Victorian Legislation to Cut Through Red Tape for Major Projects
MinterEllison, July 2013

The Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Bill 2013 ('the Bill') was commended to Victoria's Legislative Assembly on 13 June 2013. The Bill principally amends the existing Major Transport Projects Facilitation Act (Vic), which governs the assessment, approval and delivery of major transport project infrastructure...

Australian Law Reform Commission to conduct inquiry into 'Serious Invasions of Privacy in the Digital Era'
MinterEllison, July 2013

The Commonwealth Attorney General, Mark Dreyfus QC, yesterday issued Terms of Reference requiring the Australian Law Reform Commission (ALRC) to conduct an inquiry into the prevention of and remedies for serious invasions of privacy in the digital era...

Changes to Western Australian Retail Shops Leases Legislation to Come into Effect on 1 January 2013
MinterEllison, January 2013

With the Commercial Tenancy (Retail Shops) Agreements Regulations (No. 2) 2012 (WA) (Regulations) being gazetted on Friday 30 November 2012, the amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (Act) and the Regulations will now both come into effect on 1 January 2013.The Act and Regulations aim to 'improve the tenancy rights of small business and to enhance the clarity and effectiveness of the legislation'...

2013 Outlook: What Will the Year Bring for Australian Business and in Key Industry Sector
MinterEllison, January 2013

Some favourable news on the global economic front has been trickling in. Markets around the world rallied as the US avoided the fiscal cliff-dive by a nanosecond; China's economy is showing signs of renewed strength, with the powerful manufacturing sector now performing at its best levels in almost two years; and share prices in most of Europe, Britain and even Japan have been trading solidly higher over the past few months...

Treasury Seeks Submissions on Governance Standards and Financial Reporting Requirements for the Not-For-Profit Sector
MinterEllison, December 2012

On 17 December 2012 Treasury released a Consultation Paper on minimum governance standards for entities registered with the Australian Charities and Not-for-profits Commission (ACNC), as well as draft Regulations and an Explanatory Memorandum on financial reporting obligations and annual information statements for such entities...

Sustainability in Action: The Australian Food and Grocery Council's Sustainability Commitment
MinterEllison, December 2012

The Australian Food and Grocery Council (AFGC) recently released its Sustainability Commitment report for 2010-11 (Report). The Report sets out the AFCG's key objectives and efficiency targets, described as its 'Sustainability Commitment', for improving sustainability in the food & beverage and grocery industry...

Minter Ellison Alert: Federal Government now Looks at Mandatory Data Breach Notification
MinterEllison, October 2012

The Federal Attorney-General has released a Discussion Paper seeking comment on whether to introduce laws to make notification of data breaches by government agencies and large private sector entities mandatory in Australia. The Government is calling for submissions by 23 November 2012, asking what the triggers should be and what penalties should apply for failure to comply...

Federal Government announces Review of Pharmacuetical Patents
MinterEllison, October 2012

On 15 October 2012, the Federal Government announced the appointment of an expert panel to review pharmaceutical patents in Australia (Review).  The Review will focus particularly on the extension of term provisions in Chapter 6, Part 3 of the Patents Act 1990 (Cth). Those provisions currently allow the extension of pharmaceutical patents up to five years beyond their standard 20-year term...

Amendments to Victorian retail tenancies legislation: Remove need to notify Small Business Commissioner of new leases
MinterEllison, September 2012

A Bill to amend the Retail Leases Act 2003 (Vic) (the Act) has been introduced into the Victorian Parliament.  When the Bill becomes law, it will remove the requirement to notify the Small Business Commissioner of new leases under section 25 of the Act...

Geographical Connotations: When a Building Name can be Trade Marked
MinterEllison, September 2012

Can a building name become a geographical indicator with the consequence that businesses operating from that building cannot include the name in their trade marks? The recent decision of the Federal Court in Mantra IP Pty Ltd v Spagnuolo [2012] FCA 769 has held that the mark "Q1" is inherently adapted to distinguish the services of the accommodation provider, Mantra IP Pty Limited (Mantra), even though "Q1" was also the name of the iconic high rise apartment in wh

Strengthening 'Put Up or Shut Up' Rules for Takeovers: Should Australia Follow the UK's Lead?
MinterEllison, June 2012

Section 631 of the Corporations Act provides that, once a bidder publicly announces a takeover proposal, offers under a takeover bid must be made by that bidder within two months unless ASIC grants relief...

Changes to Google's privacy policy heralds new era in consumer notification
MinterEllison, May 2012

On 1 March 2012, Google launched a new privacy policy by consolidating over 60 of its global privacy policies into one document. The new privacy policy does not indicate that Google will collect any new or additional data about users. What it does do, however, is inform people that Google will merge data which it already collects from services such as YouTube and Web History (which records all searches performed on Google...

Online participation in shareholder meetings – how could it work?
MinterEllison, September 2011

Shareholder participation at the AGMs of large companies is notoriously low – just 0.3 per cent in 2009, according to Chartered Secretaries Australia. So it is not surprising to see repeated calls in the media for listed companies to introduce online participation at AGMs. This would allow shareholders to take part in meetings in their offices or homes via the internet, enabling them to follow the proceedings, submit questions and, of course, vote...

Are Electronically-Delivered Board Packs a Good Idea?
MinterEllison, September 2011

The delivery of electronic board papers on iPads is becoming increasingly popular, particularly for non-executive directors. At board meetings, some directors may bring only an iPad, on which all their board papers are stored...

Why a Policy on Related Party Transactions Makes Good Business Sense
MinterEllison, September 2011

Adopting a related party transactions policy, with supporting protocols and procedures, will help to identify and deal with related party transactions within the corporation.  Ultimately, this will reduce the risk of breaching the Corporations Act 2001 (Cth) or ASX Listing Rules (if relevant) and will protect shareholders' interests...

 

 

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