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 ...
The COVID-19 pandemic is having immediate and longer term impacts on the global economy and M&A activity. The crisis has resulted in important changes to the policies, rules and processes to be applied by many foreign investment and competition regulators, including Australia's Foreign Investment Review Board (FIRB) and the Australian Competition and Consumer Commission (ACCC) ...
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
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 ...
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 ...
The 2023 Foreign Bank Tracker, now in its eighth year reveals capital flow trends into Australia via foreign banks, and market analysis of the results ...
As organisations start planning their post COVID-19 workforce arrangements, leaders need to consider how these new and amended work practices will help or hinder their efforts to strengthen their risk culture. While having a distributed workforce increases some challenges to improving risk culture, it also provides opportunities which need to be embraced. It is becoming increasingly clear that the post COVID-19 workplace will be very different to what it was before the pandemic ...
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) ...
Investments or acquisitions in convertible notes and options are now subject to the same approval requirements as investments or acquisitions in shares. The monetary thresholds applicable to private business investment have been raised with effect as of 1 January 2010 to total assets of the investee of A$231m and, for U.S. investors, A$1004m ...
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 ...
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 ...
A recent decision in the Full Federal Court has shown that while manufacturers are generally free to make goods according to a design that is not registered, care must be taken to ensure that those products are branded in a way that distinguishes them from the market leader ...
Hedge funds failed in their attempt to get EDT Retail Trust (EDT) wound-up after EPN EDT Holdings II, LLC (EPN) bid for EDT. EPN succeeded in voting down the threat. The hedge funds' attempt is a reminder that A-REIT bids present unitholders with avenues to challenge a bid which are not available to shareholders in a company. It is also a reminder that it is an approach that is not without risk ...
Alternative dispute resolution benefits the public no matter what the outcome Attorney-General Robert McClelland continues to pus alternative dispute resolution after launching the report A Strategic Framework for Access to Justice in the Federal Civil Justice System late last year. One of its main recommendations is to encourage Commonwealth agencies to use ADR ...
The transformational power of AI is set to redefine the modus operandi across various sectors, including healthcare. The life sciences sector in particular are already realising the benefits of AI. Their shared experiences offer other health organisations the opportunity to pre-empt some of the challenges associated with AI. The rapid and profound impacts emerging from AI advancements are truly staggering, leaving no room for delay ...
Following the recent actions taken by the Australian Taxation Office to freeze the bank accounts of the private equity firm TPG, the Commissioner of Taxation has released two draft Taxation Determinations (TDs): TD 2009/D17 Treaty Shopping - Can Part IVA of the Income Tax Assessment Act 1936 apply to arrangements designed to alter the intended effect of Australia's International Tax Agreements network?; and TD 200
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 ...
Facing Australia's first recession in 30 years, Australian businesses are attempting to steer a course not only for survival but for the growth needed to be a viable long term. But alongside uncertainty comes opportunity. Our new report, prepared in partnership with Acuris, explores the key steps for companies and investors to take advantage of the opportunities – and decisive, informed and proactive action is critical ...
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 ...
The establishment and operation of many Cooperative Research Centres (CRCs) involves cooperation amongst industry participants, including those who may be competitors in other aspects of their businesses. It is very important that participants in CRCs remember that the prohibitions against anti-competitive conduct in the Trade Practices Act 1974 (Cth) (TPA) will apply to the CRC collaboration ...
With the Treasurer's recent announcement on Sunday 29 March 2020 that monetary screening thresholds have been reduced for all foreign investors, our team takes you through what this means for potential transactions. With the Treasurer's recent announcement on Sunday 29 March 2020 that screening thresholds have been reduced for all foreign investors, our team takes you through what this means for potential acquisitions ...
Given the recent increase in reports regarding the spread of the Coronavirus (COVID-19) across Australia and the increasing risk of a pandemic, organisations need to take proactive steps to ensure that they are managing the risks to workers, as well as managing broader operational issues. As an employer, what steps should I be taking in respect of our workers? We recommend that employers take reasonable steps to minimise the risk of the COVID-19 ...
Can the shuttered events industry restructure to not just survive but thrive? While many organisations are facing an urgent need to restructure to survive the COVID-19 led financial crisis, those most acutely affected are in the major event, hospitality, tourism, festival and sporting businesses. Social isolation and the severe curtailment of most travel has effectively shut down many of these industries ...
Businesses in need of capital may find themselves facing foreign investment regulatory hurdles. We discuss the challenges for businesses and the potential for regulatory relief. Australia's foreign investment regime applies very broadly and captures many transactions. As businesses consider how to respond to the demands of the current COVID-19 economic environment, they may be required to go through the Foreign Investment Review Board (FIRB) screening regime ...
As a result of the COVID-19 changes to foreign investment in Australia announced on Sunday, investors that are now caught by the Foreign Investment Review Board (FIRB) regime will also be subject to scrutiny from other regulators. Our team explains what this means for investors and what they can do to manage this process ...
