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Latest documents

• Employment & Workplace Relations In Australia Legal Guide

  Introduction - The Australian Herbert Smith Freehills Kramer Employment, Industrial Relations and Safety team help our clients achieve success across the full range of workplace issues. In truth, the legal and social environment has never been more complex for employers. Issues of workplace relations, industrial relations, social expectations and risk management are far more interconnected than ever before.

• Australia’s New Mandatory and Suspensory Merger Regime: A Snapshot

  From 1 January 2026, parties to acquirers of shares or assets in Australia (or affecting Australia) must notify the Australian Competition and Consumer Commission (ACCC) if the acquisition satisfies certain monetary and “control” thresholds. Definitions of key terms (Australian revenue, connected entities, control and “all or substantially of the assets of a business”) are set out in the following pages.

• Australia’s class action future: Three critical questions every decision maker should ask

  Our Regulatory and Class Action Risk Symposium reflected the changing landscape of risk, regulation, and corporate accountability in Australia. In his opening address, Jason Betts, HSF Kramer’s Global Co-Head of Class Actions said...

• AUKUS and the AMC: Summary of Key State and Federal Government Announcements

  A series of major AUKUS, Australian Marine Complex (AMC), and defence-related publications and announcements have emerged that are set to significantly shape the future of defence in Western Australia.

• AML/CTF Rules Are Finalised - Key Takeaways

  After two rounds of consultation, the Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (New AML Rules) were made on 29 August 2025 alongside the Anti-Money Laundering and Counter-Terroism Financing (Class Exemptions and Other Matters) Rules 2007.

• Australia's Incoming Mandatory and Suspensory Merger Regime: A Ready Reckoner and Flowchart

  From 1 January 2026, significant reforms to Australia’s merger clearance regime will come into effect. The amended regime will operate on a mandatory and suspensory basis. Parties must notify the Australian Competition and Consumer Commission (ACCC) of any acquisition of shares or assets that satisfies the monetary and “control” thresholds, provided that the target carries on business in Australia. Acquirers can voluntarily make notifications under the new regime from now. We have prepared a Ready Reckoner that provides an overview of the revenue thresholds for mandatory notification (and related definitions), exceptions to the requirement to notify, the information and documentary requirements when you notify, as well as the notification fees. We have also prepared a Flowchart that may assist you in navigating the notification decision points.

• Competition and Consumer Law Round-Up

  What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as other noteworthy developments in the competition and consumer law space.

• 2025 Employment and Workplace Relations in Australia Legal Guide

  The Australian Herbert Smith Freehills Kramer Employment, Industrial Relations and Safety team help our clients achieve success across the full range of workplace issues. In truth, the legal and social environment has never been more complex for employers. Issues of workplace relations, industrial relations, social expectations and risk management overlap in ways which require employers to be across a full range of potential issues. There are good opportunities too, but increasingly these are only available to employers which have a detailed understanding of these dynamics

• Combatting payment account fraud: Australia’s Scams Prevention Framework

  On February 13, 2025, Australia passed legislation implementing its Scams Prevention Framework (SPF) aimed at protecting Australian consumers from scams. The design of the SPF was informed by a previous consultation which ran from November 30, 2023 to January 29, 2024 (please see our latest regulatory developments in Australia blog post for further information on this). The Australian Treasury recognised in its November 2024 consultation on the SPF that a whole-of-ecosystem approach was required to reduce gaps which can be exploited by scammers, and that everyone, including industry, Government, and consumers, have a role to play to combat scams.

• Competition and Consumer Law Round-Up: December 2024 – January 2025

  What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as other noteworthy developments in the competition and consumer law space.

Featured documents

• Intellectual Property Laws Amendment (Raising the Bar) Bill

  On 22 June 2011, a Notice of Motion was given by the Minister for Innovation, Industry, Science and Research , Senator Carr to introduce the Intellectual Property Laws Amendment (Raising the Bar) Bill (Bill) into the Senate. The overall purpose of the Bill is to improve Australia’s Intellectual...

• Avoiding the common pitfalls when drafting an expert determination clause - The State of NSW v UXC Limited [2011] NSWSC 530

  The recent case of The State of NSW v UXC Limited serves as an important reminder to parties of the importance of clarity when it comes to expert determination clauses. Expert determination has become an increasingly popular mechanism for resolving narrow compass disputes. It is particularly...

• Australian “Gene Patenting” Case to be Appealed

  The patenting of human genes in Australia remains under court review. As reported in the blog Patentology, an appeal of the Australian decision, Cancer Voices et al. v. Myriad Genetics Inc. et al., was filed on March 4, 2013 to a Full Bench of the Federal Court of Australia by the law firm of...

• Refusing Employee Requests to Work Part-time: Potential Risks for Employers

  On 31 May 2013, in its decision in Rind v Australian Institute of Superannuation Trustees, the Australian Fair Work Commission (FWC) found that an employer constructively dismissed an employee by unreasonably refusing her request to work part-time....

• Australia's Carbon Repeal – Unveiled

  Draft legislation, published on 15 October 2013, sets out the Australian Government's plans to repeal the Clean Energy Act 2011 (Cth) and associated legislation (Carbon Acts) with effect from 1 July 2014. The impact, if passed, would be that the obligations of liable entities' to pay a price for...

• Time to Gear up for Four Yearly Review of Modern Awards

  As required by the Fair Work Act 2009 (Cth), the Fair Work Commission has commenced its first comprehensive four yearly review of modern awards this week releasing details of the preliminary stages of the review. The review presents an opportunity for employers to rectify concerns and issues they...

• Top tips for Australian designers and fashion businesses

  I will survive! Global law firm K&L Gates hosted a panel of experts, featuring David Briskin (Executive Chairman, sass & bide and Director, VAMFF), Rachel Smith (Partner, Deloitte Touche Tohmatsu) and Jol Rogers (Partner, K&L Gates), at its annual Fashion Law Breakfast held as part of VAMFF. The...

• Guide to Doing Business in Australia: Major Forms of Business Organisation

  MAJOR FORMS OF BUSINESS ORGANISATION - A foreign company or investor proposing to establish a business in Australia may choose from a number of different entities or forms of business organisation. Each of these forms has its advantages and disadvantages. Business owners will need to...

• Credit Law Regulatory Update – The Year in Review and What's Next?

  This legal insight summarises many key points made at the 24th Annual Credit Law Conference (Conference) held on 1-3 October 2014 and attended by over 200 delegates from the financial services industry. The Conference analysed key changes impacting the financial services industry in...

• Australia's Financial System Inquiry - “Unquestionably strong” Capital

  The final report of Australia’s Financial System Inquiry (Inquiry) was released on 7 December 2014 (Final Report). According to the Treasurer, The Hon Joe Hockey MP, it lays out a blueprint for Australia’s financial system over the next decade. In this note we explore the recommendations around...