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  • Court Appointed Insolvency Referees Gain Further Momentum in Australia

    This year has introduced many a “new normal”.   In Australia there has been an increasing move by the Australian Federal Court to embrace references as a means of determining key contentious issues before trial – for example what is the date of insolvency.  This is particularly critical in the course of antecedent transaction proceedings, particularly...

  • The Future Remains Uncertain as Australia Introduces Its New Debtor-in-Possession Insolvency Laws

    In late September 2020, the federal government announced that it would be introducing changes to Australia’s Corporations Act (Act) and the most significant amendments to the corporate insolvency regimes in decades. The main objective is to help the small business sector deal with and overcome the economic, financial and trading challenges posed by the ongoing...

  • Australia’s Directors Continue to Enjoy Two Safe Harbours as the COVID-19 Insolvency Laws Are Extended

    The Australian federal government has announced that the temporary changes it enacted in March to the Corporations Act concerning insolvent trading laws and the creditor’s statutory demand regime have been extended to 31 December 2020. The changes were due to expire on 25 September. Please see out alert for further information.

  • Preparing for the “New” Normal: Key Points for Australian Businesses to Consider

    Our quick guide, “Preparing for the “New Normal” – Key Points for Australian Businesses to Consider” focuses on key issues for Australian businesses to consider in determining their viability as Australia continues to “unlock”.  This guide considers a range of issues, including: Cash flow and financing Supply and demand Employee considerations Operational costs Directors’ duties...

  • UPDATED Global Insolvency Report: Impact of Covid-19 on Insolvency Laws

    Our guide sets out how different jurisdictions are changing their Insolvency Laws to help alleviate additional pressures placed on businesses as a consequence of cash flow pressures caused by COVID-19. We have updated our guide to introduce a traffic light system to show the current status of these measures and to include further changes to...

  • Australia – Managing Commercial Relationships in Distressed Circumstances

    In the wake of the COVID-19 pandemic, we are often asked what clients should do if a business counterparty (such as a vendor, customer or other contract counterparty) is suffering distresses and may be contemplating, or be at risk of, falling into external administration. It is impossible to anticipate every potential scenario, but our note...

  • How Safe Is “COVIDSafe” – Australia’s COVID-19 Contact-Tracing App?

    As the world struggles to deal with the spread of coronavirus disease 2019 (COVID-19), governments are turning to technology to help “flatten the curve” and slow the rate of transmissions. Although Australia has been relatively successful in mitigating the widespread health impacts of COVID-19, the federal government has encouraged all Australians to download its COVIDSafe...

  • Global Insolvency Report: Impact of Covid-19 on Insolvency Laws

    How are countries re-vamping their Insolvency and Restructuring Laws to Combat Covid-19.  Our guide summarises the key changes in the following jurisdictions: Australia, China, Czech Republic, France, Germany, Japan, Poland, Russia, Spain, United Arab Emirates, United Kingdom and the United States.

  • Data Privacy and Protection – A New Focus Within Australian Takeovers Law

    The previous decade saw the expansion of data privacy laws in Australia and throughout the globe in terms of their application, enforceability and scope, as well as the protections made available to individuals through primary legislation.[1] As we enter a new decade, we are beginning to see the evolution of privacy and data as a...

  • Australia Plans to Join U.S. and U.K. in the CLOUD Act

    Following its agreement with the United Kingdom, the United States announces formal negotiations are underway with Australia about joining the CLOUD Act. Although also a bi-lateral negotiation, the U.S. talks with Australia strike a more practical tone than those with the U.K. As described in our prior post, under the CLOUD Act, governments can accelerate complex...

  • Australian High Court confirms no personal right of free speech in some cases

    Implied freedom of political communication justifiably restricted by the constraints on APS employees in their public comments. On 7 August 2019, the High Court of Australia handed down its decision in Comcare v Banerji, confirming that the implied freedom of political communication was justifiably restricted by the Australian Public Service (APS) Code of Conduct and...

  • Free Trade Agreement Takes Effect Without U.S.

    The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a free trade agreement, went into effect on December 30, 2018 for six countries: Australia; Canada; Japan; Mexico; New Zealand; and Singapore.  The CPTPP became effective for Vietnam on January 14, 2019, and four additional countries (Brunei, Chile, Malaysia and Peru) plan to ratify and enact the Agreement. ...

  • CFIUS Filing Clearance: Speedcast International Limited and Globecomm Systems

    Status:  Clearance   Acquirer:  Speedcast International Limited (Australia) Acquired:  Globecomm Systems Inc. (US) Value:  Approx. US$135 million Industry:  Telecommunications On August 28, 2018, Speedcast International Limited, an Australian company that provides “remote communication and IT solutions,” announced that it “entered into a definitive agreement to acquire Globecomm Systems Inc.  (“Gl

  • Which sport is played by 20 million people in more than 70 countries and is not an Olympic sport?

    Last month the England netball team won gold in a dramatic win against Australia in the Commonwealth Games. Photographs of the winning team decorated the front pages and England Netball coach Tracey Neville was almost more talked about than her famous ex-footballer siblings. Despite this recognition and its popularity at a grassroots level, netball is...

  • Pay dispute – Australian cricket back on track?

    Last month, Sports Shorts wrote about the pay dispute between the Australian cricket governing body, Cricket Australia (CA), and the players.  At that time, deadlock prevailed and the Australian players were refusing to play as they were effectively unemployed when the old Memorandum of Understanding (which governed matters such as pay) expired. At the beginning of this...

  • Cricket Australia v the Australian Cricketers’ Association – Picket lines at the Ashes?!

    It has been rumbling on for some time, stories here and there in the press suggesting that negotiations regarding pay in a sporting context were going to come to a head and potentially turn into an ugly dispute.  It is not unusual to see such stories in sport, particularly given the salaries some sports stars...

  • England U20 World Cup Success – the dawn of a(nother) “Golden Generation” for English football?

    The weekend just passed saw a number of notable sporting successes. Rafael Nadal won a 10th French Open title, the first male tennis player to win 10 series of the same Grand Slam; the English cricket team beat Australia; the English, Scottish and Irish rugby teams beat their opposition on tour; the British and Irish...

  • CFIUS Filing Clearance: Boral Limited and Headwaters Incorporated

    Status:  Clearance   Acquirer:  Boral Limited (Australia) Acquired:  Headwaters Incorporated (US) Value:  US$2.6 billion Industry:  Construction Materials   UPDATE:  In relation to the November 20, 2016 Agreement and Plan of Merger between Headwaters, Inc., and Boral Limited, an Australian corporation, Headwaters disclosed in its recent quarterly regulatory filing that “the parties satisfied the...

  • The Road Ahead for 2017 – Restructuring & Insolvency in Australia

    It is anticipated that, by the middle of the year, Australia will see the most significant reform to the corporate and personal insolvency environment in two decades. The reforms, which appear likely to be supported by all sides of government, are designed to promote business preservation and allow greater flexibility in order to ‘turnaround’ distressed...

  • Usain Bolt, Nitro Athletics, IAAF and breakaway leagues

    In November 2016, the launch of a new athletics team event, Nitro Athletics, was announced.   The inaugural event will be held in Melbourne on three evenings in February 2017 and promises to ‘revolutionise’ track and field.  Fronted by global superstar Usain Bolt, six teams will take part: the ‘Bolt All-Stars’, Australia, England, New Zealand, Japan...

  • The Tidal Wave of Class Actions continues to surge across Australia

    It is widely accepted that there has been an increase in the number of class actions in Australia; however there have not been many examples of unmeritorious actions. The litigation funders are not in the business of losing money, and it would be unlikely for them to be funding any claims that in their view...

  • Beware the possible costs of rejecting a good offer in Australian Fair Work cases

    The Fair Work jurisdiction in Australia is generally considered a ‘no costs’ jurisdiction, meaning that even if a party is successful in an action, it is usually unable to obtain a costs order against the loser. However in 2012 the Fair Work Amendment Act 2012 (Cth) widened the exceptions to the ‘no costs’ rule by...

  • Calling All Entrepreneurs – Australia Wants You!

    The election promises of Australia’s two major political parties may have few synergies, but one thing they both agree on is that Australia must do more to attract entrepreneurial talent to its shores. To this end, both parties have pledged to introduce a new entrepreneur visa if elected.  Information about the criteria of each of...

  • Webinar: Employment Law Worldview Webinar Series – Australia, China and Japan

    Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Given in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation covering key “hot topics” in the featured jurisdiction,...

  • Gardening Leave – Avoiding the Thorns!

    In the absence of any right at common law or under Australia’s Fair Work Act 2009 (Cth), the general rule is that gardening leave must be conferred by an express power in an employment contract.  In a remarkable decision by the Victorian Supreme Court in Australia it was held that the employer’s power to direct...

  • Creditors of Lehman Brothers Australia to Receive Further Dividends

    The Federal Court of Australia has approved a settlement, effectively resolving one of the most complex corporate insolvencies in Australian history. On 18 December 2015 the Federal Court of Australia approved a settlement relating to inter-company loans and disputed assets between the liquidators of Lehman Brothers Australia Ltd (LBA) and American parent company Lehman Brothers...

  • ‘Safe Harbour’ For Insolvent Trading: Australian Reforms Encourage Business Activity

    In December 2015, as part of its National Innovation and Science Agenda, the Federal Government announced a proposal to introduce a ‘safe harbour’ for directors from personal liability for insolvent trading. The proposal seeks to address Australia’s insolvent trading laws, which are significantly stricter than comparable laws in the United Kingdom, Canada and New Zealand. The...

  • Weekly Data Privacy Alert – 7 December 2015

    Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection and Cybersecurity team. This week’s alert covers news from Australia, Chile, the EU, Germany, Poland, Switzerland and the UK. Australia Mandatory Data Breach Notification Scheme Proposed Chile Digital Agenda 2020 Prioritises Data Protection EU European Data Protection Supervisor...

  • Managers in Australia beware! – the price of seniority may be personal liability

    Health and safety laws rolled out around Australia since 2012 have imposed a new positive duty on company officers to exercise due diligence to ensure their “person conducting a business or undertaking” (PCBU – usually the corporate employer) is compliant. The term “officer” extends beyond the PCBU’s executives, directors and secretaries to any person who:...

  • Australian Sports Coalition Makes Submission to Foreign Bribery Senate Inquiry

    Australian Sports Coalition Makes Submission to Foreign Bribery Senate Inquiry The Coalition of Major Professional and Participation Sports Inc. (COMPPS) has made a submission to the Senate Inquiry into Foreign Bribery, calling for a federal legislative response to tackle the threat of local and cross-border match fixing in Australia. As sports betting in legal and...

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