All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues affecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
Is your business prepared for the coming PPS Regime?
27 July 2011
Author: Nicole Tyson, Partner
Practice area: Insolvency & Corporate Reconstruction
In October 2011, a new personal properties regime is proposed to commence in Australia -the Personal Property Securities Act (2009) and related legislation (PPS Regime).
Australia - Privacy Reform - Cookies - Behavioural Advertising - Do-Not-Track - How might these reforms affect your Company's website?
15 July 2011
Author: Jamie Nettleton, Partner and Cate Sendall, Senior Associate
Practice area: Intellectual Property & eCommerce
Earlier this year, the Senate Standing Committee on Environment, Communications and the Arts (Senate Committee) released its report "The adequacy of protections for the privacy of Australians online" (the Report). In the Report, the Senate Committee makes a number of recommendations.
Not buzzing at shadows - Buzzle v Apple and the law of shadow directorship
1 July 2011
Author: Daniel Goldberg, Special Counsel
Practice area: Corporate, Mergers & Acquisitions
In our previous FocusPaper, we reported on a NSW Supreme Court decision which provided further guidance on the law of shadow directorship. The NSW Court of Appeal has now upheld the initial decision, and further articulated some of the principles applicable to determining whether a person is a shadow director of a company.
Conducting Business in Australia
24 June 2011
Author: Jamie Nettleton, Partner, David P. Selig, Partner, Michael Ryan, Partner and Jeff Mansfield, Partner
Practice area: Corporate, Mergers & Acquisitions
Despite its relatively small population, Australia offers significant investment opportunities to both foreign and local investors. Australia's stable economy and political system, sound infrastructure and highly skilled workforce make it an attractive destination for investors and an important financial centre in the Asia-Pacific region. However, before investing in Australia investors should appreciate the numerous and complex rules and regulations which apply.
oOh - ouch! Control Transactions and Option Agreements
23 June 2011
Author: David P. Selig, Partner
Practice area: Corporate, Mergers & Acquisitions
The recent Takeovers Panel decision of oOh!media Group Limited [2011] ATP 9 (oOh!Media) highlights that market disclosure may still be required even where a "relevant interest" does not exist for an entity that takes a call option for listed shares with a third party.
Australia - Product Stewardship Bill - National Framework to Manage the Environmental, Health and Safety Impact of Products - Increased Compliance Requirements and Costs for Manufacturers, Importers and Distributors? - Recycling of TVs and Computers
25 May 2011
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
On 23 March 2011, the Federal Government introduced the Product Stewardship Bill (the Bill) which will establish a national framework to manage the environmental, health and safety impacts of products (such as televisions and computers).
Australia - Online Gambling Review - Inquiry by Joint Select Committee on Gambling Reform into Interactive Gambling - Further Review of Internet Gaming and Wagering
17 May 2011
Author: Jamie Nettleton, Partner
Practice area: Gambling
On 17 May 2011, the Joint Select Committee on Gambling Reform (JSCOGR) announced its Inquiry into Interactive Gambling. Among the matters to be considered by the Inquiry are the current regulatory framework relating to interactive gambling (which will involve a review of both gaming and wagering over the Internet), as well as issues relating to match-fixing and gambling advertising. In our conversation with an officer of the Committee today, submissions from all parties involved in, or interested in, online gambling activity are invited.
Proposed Changes to the Regulation of Executive Remuneration - Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011
12 April 2011
Author: David P. Selig, Partner
Practice area: Corporate, Mergers & Acquisitions
Changes to the regulation of executive remuneration took one step closer to implementation with the introduction in the House of Representative on 23 February, 2011 of the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011. Wide sweeping changes to the regulation of executive remuneration are proposed, including: 1. requiring directors to stand for re-election by shareholders if they do not adequately respond to shareholders concerns on remuneration issues over two (2) consecutive years; 2. prohibiting executives from voting on remuneration matters; 3. prohibiting executives from hedging their incentive-based remuneration; and 4. greater scrutiny and transparency for the remuneration consultancy process. For a detailed review of the proposed new regulation of executive remuneration, please refer to our full annotated FocusPaper in the PDF above.
Australia - Online Gambling Regulation in 2011 - Extracts Published in February 2011 Edition of World Online Gambling Law Report
24 March 2011
Author: Jamie Nettleton, Partner
Practice area: Gambling
While some may have thought the release of the Australian Productivity Commission's long-awaited report into gambling in June last year would have meant the end of government inquiries into the gambling sector for some time, it appears it is only the first of many.
Australia - Direct Selling Companies & Consumer Goods Suppliers - Liability for Content posted by Customers on Social Media - Federal Court - Publication - Contempt - Breach of Undertakings - Penalties - Corrective Advertising
10 March 2011
Author: Jamie Nettleton, Partner
Practice areas: Corporate, Mergers & Acquisitions, Competition, Trade Practices & Regulatory and Marketing & Advertising
Competition and Trade Practices Update
9 March 2011
Author: Laura Hartley, Partner
Practice area: Competition, Trade Practices & Regulatory
In this edition: " Goodbye Trade Practices Act - Hello Competition and Consumer Act " Warranty misrepresentations - part of the ACCC's current focus " Fruit juice manufacturers take note yet again - now National Foods done for misleading claims on Berri Australian Fresh packs. " "Australian made" claims by online retailer, the ACCC takes court action " Having a company Facebook page - savvy marketing or a breeding ground for misleading conduct
Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGAb - Deadline for submissions: 11 February 2011 - Update - Dates and Locations of Public Consultations Released
10 February 2011
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
As foreshadowed in our FocusPaper of 20 January 2011 (see attached below), which concerned the TGA transparency review, the dates and locations of a series of public consultations relating to this review have now been announced.
Corporate Governance Principles for Unlisted Companies: the Why and How?
3 February 2011
Author: Daniel Goldberg, Special Counsel
Practice area: Corporate, Mergers & Acquisitions
In November 2010, the Institute of Directors and the European Confederation of Directors' Association jointly published a paper entitled "Corporate Governance Guidance and Principles for Unlisted Companies in the UK" (Principles). While corporate governance guidelines and regulations have traditionally focused on listed entities, the Principles represent an attempt to tailor corporate governance theory to the needs of unlisted and smaller companies.
Government Review of the Wholesale/Retail Client Distinction in the Wake of the GFC
3 February 2011
Author: Daniel Goldberg, Special Counsel
Practice area: Corporate, Mergers & Acquisitions
As part of its "Future of Financial Advice" package of reforms, the Commonwealth Government has announced a review of the distinction between "wholesale clients" and "retail clients" for the purposes of financial services regulation.
Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGA - Deadline for submissions: 11 February 2011
20 January 2011
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
Late last year, the Parliamentary Secretary for Health and Ageing, the Hon Catherine King MP, announced a thorough review of the way in which the regulatory processes and decisions of the TGA are communicated. The aim of the review is to improve the transparency of the TGA which, it is thought, will in turn improve the public's confidence in the TGA.