Hogan Lovells (JD Supra Australia)

Recently, Ad Standards Australia (Ad Standards) found two social media influencers breached the Australian Association of National Advertisers Code of Ethics (the Code) in relation to their obligations to disclose paid promotions on social media platforms.

In 2020, heightened demand for health care resulted in an influx of therapeutic goods being included on the Australian Register of Therapeutic Goods (ARTG). A large portion of these goods are manufactured in China however, due to the significant spike in demand from around the world many businesses have modified their usual operations, for example apparel manufacture, to instead manufacture...

The new classification rules for software-based medical devices (“SaMDs”) and personalised medical devices introduced by the Therapeutic Goods Legislation Amendment (2019 Measures No.1) Regulations 2019 commences this week, on 25 February 2021.

There has been significant activity in the Australian mining sector in recent times and many state specific developments since our last Australia mining update. A summary of the key state specific developments follows. Please see full Publication below for more information below.

There has been positive growth in the Australian mining sector and many recent developments since our last mining update. A summary of the key national developments follows. Please see full Publication below for more information.

The Australian government has introduced the most significant reforms to Australia’s foreign investment laws (the FIRB regime) in nearly 50 years. This client alert provides a high level summary of the key changes to the FIRB regime from 1 January 2021.

ASIC has provided long-awaited confirmation of its policy position with regard to applications for relief from the operation of the takeover restrictions in the Corporations Act 2001 (Cth) ("Act") in relation to compulsory transfers of shares under a deed of company arrangement ("DOCA").

The move to a low carbon energy industry is now firmly underway in Australia, with the Commonwealth and most State governments publishing and executing long term strategies to develop the hydrogen energy industry in Australia. Please see full Publication below for more information.

Current Australian hydrogen projects - We set out the table below the current Australian hydrogen pilot projects, refuelling projects, feasibility studies and research projects based on information made available to the public as at 7 August 2020. Please see full Publication below for more information.

With the reality of space mining seemingly closer than ever, Australia joins the global conversation, backed by its industry leading mining expertise and experience. Please see full Publication below for more information.

Australia's National Resources Statement ("Statement") sets out the Government's policy and long-term reform agenda for the Australian resources sector. The Statement was released on 14 February 2019 by the Hon Matthew Canavan (Minister for Resources and Northern Australia). In the Statement, the Government recognises that Australia's resources sector has never been more important to our economic

The Australian Government has introduced new laws which are intended to avoid unnecessary corporate insolvencies in light of the challenges presented by the unfolding COVID-19 global pandemic.

Introduction - This guide is intended to supplement our popular Foreign Investment in Australia guide and has been drafted with the intention of providing an overview of the specific considerations a foreign person who is seeking to make an investment into the Australian energy and resources sector (“Energy and Resources Investor”) should be aware of. Please note that this guide is written as...

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.

Recently, three of Australia's four largest banks have self-reported breaches of anti-money laundering and counter-terrorism financing laws. Commonwealth Bank of Australia in 2018 admitted fault and agreed to pay a civil penalty of AU$700 million for 53,506 breaches of Australia’s money laundering laws. The penalty imposed at the time was the largest in Australian corporate history. Please see

On 8 July 2019, the Western Australian State Government (State Government) announced that it had released a new Implementation Plan (Plan). The 18-month transitional Plan is the State Government's response to the Final Report of the Independent Scientific Panel Inquiry into hydraulic fracture stimulation in Western Australia handed down on 12 September 2018 (the Report) and the Western...

Western Australia (WA) has some of the world's largest known reserves of gas trapped in underground rock formations. To extract these gas reserves commercially, the technique of hydraulic fracturing (fracking) would need to be used. Please see full Publication below for more information.

Queensland, Western Australia and Victoria - Queensland - Adani receives green light for controversial Australian coal mine After a battle lasting almost a decade, Adani Mining's controversial AU$2 billion thermal coal mine, the Carmichael mine, has just had its groundwater plans approved by the Queensland Government.

A joint Hogan Lovells & GTDT publication on M&A Litigation in Australia. Across common law and code law countries, there are a number of striking similarities and surprising differences with respect to how different jurisdictions address M&A litigation issues. Read more about the most common claims in M&A transactions, limiting regulatory provisions, updates and trends, duties and...

Australia's ties with Asia cannot be overstated and when it comes to mining, this is especially the case - an estimated 80 percent of Australia's mining exports go to Asia. Hundreds of billions of dollars in sales are reported annually in the resource-rich nation, but though the rewards can be substantial, so too can be the compliance risks. Please see full Publication below for more...

Recently, people on St Georges Terrace (the financial hub of the Perth central business district) are starting to speak a certain 'b' word that is synonymous with Western Australia (WA). This chat is fueled by speculation that the State is on its way to experiencing a major wave of project development and investment. Please see full Publication below for more information.

Australia's thermal Waste to Energy (WtE) market took a giant leap forward in October, with the Kwinana WtE project reaching financial close.

Last week, the Australian Parliament approved the Modern Slavery Bill and it is set to come into force early in 2019.  This post looks at the requirements of the Act, how it compares to the UK Modern Slavery Act and what it tells us about the changing legal landscape for business and human rights.

In the recent decision of Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCAFC 118 (‘Onslow v BTAC’) the full bench of the Federal Court dismissed an appeal regarding the Federal Court’s first instance decision refusing to stay proceedings in the matter.1 The primary judge refused to stay proceedings despite the plaintiff not following the requirements of a dispute...

On 14 November 2018, the Queensland Parliament passed the Mineral and Energy Resources (Financial Provisioning) Act 2018 (Act). The Act will commence on a date yet to be determined.

The current debate in Australia around long term energy security has, in part, focussed on how the national energy market can secure baseload supply in the face of both the retirement of ageing coal fired generators and an increasing uptake of intermittent, renewable generation facilities (such as solar and wind).

The Australian National Contact Point for the OECD Guidelines for Multinational Enterprises (“AusNCP”), which handles “specific instances” relating to alleged non-observance of the Guidelines...

On 12 September, Hogan Lovells hosted the FIS Summit Series in Hong Kong, where attendees explored the state of financial markets ten years after the Lehman Brothers' collapse.

At the 25th annual conference hosted by the Australian Private Equity and Venture Capital Association Limited ("AVCAL"), the foremost concern of local dealmakers was the competition for quality assets, particularly in the mid-market.

Implications of the decision in Forrest & Forrest v Wilson - The majority of the High Court of Australia in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 (Forrest) held that the failure of an applicant to lodge a mineralisation report (a report prepared by a qualified person substantiating the existence of significant mineralisation existing that justifies the grant of mining tenure)...