Squire Patton Boggs (LexBlog Australia)

92 results for Squire Patton Boggs (LexBlog Australia)

  • Australian Privacy Regulator Commences Penalty Proceedings Against Medibank

    On 5 June 2024, the Australian Information Commissioner commenced civil penalty proceedings in the Australian Federal Court against Medibank Private Limited (an Australian health insurance provider) in relation to an October 2022 data breach. On 25 October 2022, Medibank notified the Office of the Australian Information Commissioner (OAIC) of a data breach concerning sensitive personal...

  • The Price Cap on Russian Oil – Part 2: Updated OFAC Guidance

    In our previous article on this topic (which you can read here), we analyzed recent enforcement activity by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) related to the maritime transport of Russian-origin crude oil and Russian-origin petroleum products above price caps agreed by the “Price Cap Coalition,” comprising Australia, Canada,...

  • The Restructuring Outlook in Australia, Asia Pacific and the US in 2024

    In our latest insight we look back at the key restructuring cases and events from last year in the United States, Asia-Pacific, and Australia and consider the outlook in 2024 for restructuring transactions as a whole.   This insight provides an overview of the US banking crisis involving Silicon Valley Bank and Signature Bank, the...

  • Improving The International Supply Chain Through IPEF

    How IPEF Builds On Prior Trade Relationships Negotiated By The Biden Administration: In May 2023, the Biden Administration announced the Indo-Pacific Economic Framework for Prosperity (IPEF), a commitment to improving supply chains between the U.S., and the Indo-Pacific nations of Australia, Brunei, Fiji, India, Indonesia, Japan, Malaysia, New Zealand, the Philippines, Singapore, South Korea,...

  • (Australia) Debt Ceilings Apply Outside of the US

    The uncertainty in markets continues as a result of a number of issues, including monetary policy, supply chain challenges, labour market constraints, increased creditor activities and a balance sheet reckoning post-COVID-19 where government support propped up unworthy businesses. That potentially debilitating economic cocktail is compounded by the fact that all entities have a debt ceiling,...

  • (Australia) Post Administration R&D Tax Offsets Deemed Personal Property in Account

    Companies entering external administration often have outstanding tax filings. The external controllers appointed conduct initial and ongoing reviews as to those filings. Then, in time, they either bring the filings up to date or engage the tax office in order to revisit historical filings. Aside from being legally required to address a company’s filings, external...

  • Upcoming/New CFIUS Filing: Lightning-A Limited and Livent Corporation; Allkem Limited

    Status:  Upcoming/New filing Acquirer: Lightning-A Limited (Bailiwick of Jersey) Acquired: Livent Corporation (U.S.); Allkem Limited (Australia) Value: $10.1 billion Industry Tags: Mining and Extraction; Lithium On May 10, 2023, Australian publicly traded company Allkem Limited (ASX:AKE) and U.S. publicly trade Livent Corporation (NYSE:LTHM) “announced the signing of a definitive agreement . . . 

  • Psychosocial hazards and poor organisational justice – necessary protection or a step too far for employers? (Australia)

    There is a growing emphasis on the need to properly manage psychosocial hazards in the workplace that may create a risk to workers’ health and safety. But recent changes to safety laws indicate that psychosocial hazards include the potentially subjective concept of “poor organisational justice”. Have things gone too far, or is “poor organisational justice”...

  • Australia’s External Administrators Are Afforded Significant Latitude

    External administrators in Australia are faced with immediate challenges from the date of their appointment. Those challenges often come in the form of uncertainty around contractual positions, conflicting interests between key stakeholders and the administrators’ rights and obligations. Fortunately, the Insolvency Practice Schedule, which now forms a critical part of Australia’s Corporations Act,

  • Australian Insolvency Regimes Are Evolving Rapidly

    The new year has seen a rapid pace being set in terms of anticipated and actual legislative, regulatory and common law changes across Australia’s restructuring and insolvency regimes. In our latest insight we flag potential changes to not only the legislative regime but also the regulatory framework and consider the outlook for key stakeholders.

  • Improving Diversity, Equity & Inclusion In Sport – Lessons From Australia & UAE

    This article was written for and first published by LawInSport. The original version is available to view here During Australia’s 2022 National Rugby League season, seven players from the Manly Sea Eagles, a team in the National Rugby League competition, refused to play in a jersey that featured rainbow trim. The design, called the “Everyone...

  • A Hastie Decision? (Australia)

    Economic, trading and supply chain uncertainties persist and are particularly pronounced in some sectors including infrastructure and construction where sub-contractors often feel significant pressure points. In our latest Australian insight, following the Federal Court rejecting the liquidators’ proprietary interest claims in the proceeds of performance bonds and upholding the head-contractor’s...

  • Do Territorial Limitations Curtail Class Actions in Australia?

    The High Court in Australia has determined that territorial limitations do not curtail group member participation rights in class actions. Read what this decision means in our latest Insight.

  • Economic Distress and the Risk of being Knowingly Concerned in the Contravention of Others (Australia)

    As global economies continue to experience uncertainties, it is likely that financial service providers and their dealings with consumers and small businesses will come under the microscope. Masi Zaki and Kate Spratt consider those issues from the perspective of of Australian Financial Service Licence holders in our latest alert.

  • What are the Proposed Changes to Corporate Control Transactions in Australia?

    The Australian government is consulting on a proposal to expand the role the Takeovers Panel plays in control transactions, with an aim of reducing the time and costs of mergers and acquisitions. The proposal includes options for the Takeovers Panel to regulate control transactions by scheme of arrangement.   This article considers the proposed reforms and...

  • Will Contradictors Play an Important Role in Australian Litigation?

    In the common law world, Australia is a global market leader in terms of intense litigation in class action and corporate collapse contexts. It is, therefore, not surprising that contradictors are becoming increasingly common in heavily contested litigation. In our latest alert in our litigation funding series, we consider whether contradictors will have an important...

  • Group Costs Orders in Australia

    In our latest article as part of our litigation funding series, we consider the decision of the Victorian Supreme Court to award a group cost order (GCO). Although it is perhaps too early to be certain whether GCOs will work as the legislature intends (and they are currently only available in Victoria) there are a number...

  • Group Costs Orders in Australia

    In our latest article as part of our litigation funding series, we consider the decision of the Victorian Supreme Court to award a group cost order (GCO). Although it is perhaps too early to be certain whether GCOs will work as the legislature intends (and they are currently only available in Victoria) there are a number...

  • Australia’s Litigation Funding Reforms Remain Contentious

    The regulation of litigation funding remains a hot topic in Australia.  In 2020 significant reform occurred with the Corporations Amendment (Litigation Funding) Regulations 2020 (Cth) (Regulation).  The Regulation required litigation funders to hold an Australian Financial Services Licence and be registered as a managed investment scheme for any class action.  It also subjected litigation funders.

  • Australia’s Litigation Funding Reforms Remain Contentious

    The regulation of litigation funding remains a hot topic in Australia.  In 2020 significant reform occurred with the Corporations Amendment (Litigation Funding) Regulations 2020 (Cth) (Regulation).  The Regulation required litigation funders to hold an Australian Financial Services Licence and be registered as a managed investment scheme for any class action.  It also subjected litigation funders.

  • CPW Week in Review

    In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered. US Banking Regulators Issue Final Rule Regarding Data Incident Reporting – Consumer Privacy World Australia’s Online Privacy Bill and Privacy Act Discussion...

  • Australia’s Online Privacy Bill and Privacy Act Discussion Paper: First Steps Towards an Enhanced Australian Privacy Regime

    In the Australian Government’s first step towards enhancing and enforcing privacy compliance in Australia, the Attorney-General’s Department has released two publications regarding amendments to Australia’s privacy regime: An exposure draft introducing amendments to the Privacy Act 1988 (Cth) (the Privacy Act), which will establish an online privacy code applicable to major online platforms and...

  • US Executive Branch Update – September 21, 2021

    This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* 10:00 a.m. EDT – THE PRESIDENT delivers remarks before the 76th Session of the United Nations General Assembly | General Assembly Hall United Nations 12:00 p.m. EDT – THE PRESIDENT participates in a...

  • CFIUS Clearance: Macquarie Group and Waddell & Reed Financial

    Status:  Clearance Acquirer:  Macquarie Group Limited (Australia) Acquired:  Waddell & Reed Financial, Inc. (US) Value:  US$1.7 billion Industry: Financial Services On December 2, 2020, Waddell & Reed Financial, Inc., a publicly traded (NYSE: WDR) U.S. based company providing investment management and wealth management services, entered into a merger agreement with Macquarie Management Holdings,...

  • Workplace Wednesday: Changes to the Fair Work Act as They Relate to Casual Employees (Australia)

    This video discusses key changes to the Fair Work Act as they relate to casual employees in Australia. More detailed analysis from our team can be found here: https://bit.ly/3sejz8X

  • Sexual harassment reforms fast approaching in response to Respect@Work (Australia)

    In the wake of a spate of high profile sexual assault and harassment allegations in recent weeks, the federal government has announced it will implement a suite of anti-harassment reforms in response to the Sex Discrimination Commissioner’s landmark RespectWork national inquiry report, which was released in March 2020. The RespectWork inquiry found that Australia’s current...

  • 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...

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