JD Supra Australia
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- In-House Counsel, the Requirement of Independence and Legal Professional Privilege in Australia
The Situation: A line of authority, typically associated with Rich v Harrington  FCA 1987, (2007) 245 ALR 106 ("Rich"), has held that for legal professional privilege to be claimed in relation to advice from an in-house lawyer, that lawyer must be independent so that personal loyalties, duties or interests do not influence the advice. The requirement of independence was separate and in addition to the requirement that the communication be for the dominant purpose of legal advice. This line of authority created concerns around the extent to which privilege attached to the work product of in-house lawyers who also hold nonlegal or commercial roles (for example, as company secretary) and the need to prove the "independence" of such lawyers in the event of a challenge to privilege claims.
- Changes to Banking Code of Practice set to commence on 1 March 2020
The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry issued its final report on 1 February 2019. A few months later, the Banking Code of Practice was substantially overhauled with a view to implementing many of the Commission’s recommendations for consumer and small business banking (2019 Code).
- Trivago Shows You All the Different Prices…Or Does It?
Trivago Misled Consumers On Hotel Room Rates: Australian Federal Court Looks Into An Algorithmic Black Box - IN BRIEF - The Federal Court has found accommodation comparison website Trivago contravened the Australian Consumer Law (ACL) by misleading consumers about the prices and ranking of accommodation offers.
- ARNECC’s draft Model Participation Rules spell practical problems for mortgagees
ARNECC has released draft Model Participation Rules (Version 6) (Draft MPRs), and is currently undertaking a consultation process.
- Recapping the Modern Award Review: What is Happening Now?
A lot has happened since the Fair Work Commission (FWC) commenced its review of modern awards in 2014. Now, 6 years later, the FWC is close to completing the mammoth task of reviewing the operation of each modern award and making variations to ensure that they comply with the "modern awards objective".
- Think before you trade mark a wink: Registering emojis and emoticons
Is your business developing emojis and emoticons as part of its marketing strategy? The emoticon and its cousin the emoji are now synonymous with expressing emotions and ideas.
- Is your WA retail shop lease no longer a retail shop lease?
WA retail shop lease update - Can a retail shop lease that falls within the ambit of the Commercial Tenancy (Retail Shops) Agreements Act 1985 at the time of entry of the retail shop lease cease to be a retail lease during its term?
- Investors Bring 10b-5 Action Against Westpac Over Money Laundering Scandal
AML Scandals Seem to Inevitably Spawn Investor Lawsuits - As we recently blogged, Westpac, Australia’s second-largest retail bank, has been embroiled in a scandal arising from approximately 23 million alleged breaches of Australia’s anti-money laundering/countering terrorist financing (“AML/CTF”) laws and regulations involving nearly $12 billion in transactions.
- Important changes to the retail leasing legislation in South Australia
The Retail and Commercial Leases (Miscellaneous) Amendment Bill 2019 passed through the South Australian Parliament on 12 December 2019 and will come into effect following formal proclamation in early 2020.
- The good, the bad and the ugly
One year on from Australia's Royal Commission on Banking - The report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Report), was published one year ago.
- Divide by three - APRA turns twelve prudential standards into four
Following its December 2010 consultation package, the Australian Prudential Regulation Authority (APRA) has released four prudential standards, intended to consolidate 12 existing standards across the authorised deposit-taking, general insurance and life insurance industries. Th...
- Tax credits for fuel and transport emissions: The sting in the carbon price tail
The ‘500 polluters’ tagline has proved popular amongst the commentariat for explaining the reduced coverage of the Gillard Government’s carbon price mechanism, however, this is only part of the story. An ‘equivalent carbon price’ will also be placed on many transport fuels via...
- Complex Financial Products – International Support for yet More Investor Protection
The International Organisation of Securities Commissions (IOSCO) has recently released its final report on "Suitability Requirements with respect to the Distribution of Complex Financial Products" (Report), which outlines the key principles in respect of the distribution of such products...
- News from Abroad: Lilly Successfully Defends Zyprexa Compound Patent In Australia
Originally published in Wrays on March 27, 2013. On 15 March 2013, the Australian Federal Court upheld Eli Lilly's patent for the active compound in their highly successful product ZYPREXA®. Lilly successfully defended the validity of the patent against a wide-ranging attack ...
- NSW State Government Introduces New Legislation for Public Sector Employment
Australia's largest employer is the State Government of New South Wales and its agencies. It represents AUD60 billion of the economy in New South Wales. Any reform in the public sector is, therefore, important to us all. On 23 May 2013, the NSW State Premier Barry O'Farrell introduced...
- ASIC Enforces its Newly Implemented Guidance on Rights Offerings
Following the Australian Securities and Investments Commission's (ASIC) recent overhaul of its regulatory guidance on takeovers, ASIC has demonstrated its commitment to enforcing its takeovers policy and maintaining market integrity by intervening in two separate corporate transactions involving...
- Proposed Amendments to the Corporate Governance Principles
In August last year, the Australian Securities Exchange (ASX) Corporate Governance Council (Council) undertook a review of the Corporate Governance Principles and Recommendations (Recommendations) in response to the corporate governance failures that emerged in the aftermath of the Global Financial ...
- End of Year Checklist
As 2013 comes to an end, it's time for Australian employers start actioning their end of year employment checklist. 1. Annual Shutdowns - Many Modern Awards require employers to provide a minimum of four weeks' notice of an annual shutdown. Notice must...
- Australian New Energy White Paper Process Commences
The Australian Federal Government (Government) has taken its first step towards creating a new national energy policy by releasing an Energy Policy Issues Paper (Issues Paper) seeking stakeholder input on a range of priority areas. As signalled by the Coalition in its...
- Bank Late Payment Fees Held to be Penalties – Class Action Risk for Other Industries
Paciocco v ANZ  FCA 35 - The Federal Court of Australia (Federal Court) has held that late payment fees charged by a bank to its credit card customers were unlawful penalties. Paciocco v ANZ  FCA 35 is the first case to be decided following ...