Squire Patton Boggs (LexBlog Australia)

81 results for Squire Patton Boggs (LexBlog Australia)

  • 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...

  • 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...

  • 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...

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