Partnering with clients to provide on-demand contract lawyers, giving in-house legal teams the confidence to be agile.
MinterEllison is a leader in developing and delivering client-tailored competition and consumer law compliance programs for business in Australia. We regularly implement competition and consumer law compliance training for clients, at both a train-the-trainer level as well as presenting directly to employees.
We have substantial experience in undertaking compliance audits, whether it be in compliance with court orders or section 87B undertakings, or an internal investigation to ensure that a business is complying with its competition and consumer law obligations. Clients include AMP, Australian Unity, BlueScope Steel, Exxon Mobil, Hewlett Packard, GE Money, Lazard Asset Management, Toll Holdings, Shell and Places Victoria.
Safetrac, a company wholly owned by MinterEllison, designs and delivers compliance training, management and reporting solutions. Established in 1999, it is one of Australia’s most experienced compliance training and software service providers. Read more about Safetrac's awards-winning service offering.
After launching the Shanghai Pilot Free Trade Zone nine months ago, the Shanghai government has released the Special Administrative Measures on Foreign Investment Access to the China (Shanghai) Pilot Free Trade Zone (Negative List) (the 2014 Revision). The list seeks to reinforce the requirements set out in 2013 and to further relax controls on foreign investments into China.
The People's Bank of China has released the Administrative Measures for the Foreign Exchange Purchase and Sale Business Provided by Banks which will come into force on 1 August 2014. The Measures will clarify the definition of Business and adjust the supervision and management model to provide banks with greater autonomy and a simplified process to market entry and exit.
The first court decision applying the cartel provisions of the Competition and Consumer Act 2010 has set the bar for establishing per se liability worryingly low. Significantly for M&A practitioners, the case calls into question the traditional risk assessment of 'back to back' or 'partial follow on' transactions from a bid-rigging perspective, including those that occur offshore. With an appeal by Bradken lodged in April, it seems 'at least possible' the Federal Court will revisit the low bar applied to satisfaction of the competition condition in this case - and the outcome will be one to watch.
On 20 June 2013, the Ministry of Human Resources and Social Security issued Implementing Measures for Administrative License for Labour Dispatch to standardise and formalise the labour dispatch licensing regime in China. The measures came into effect on 1 July 2013 following a discussion draft issued on 19 May 2013.
Comprehensive legislative changes to enhance and expand Hong Kong's unfair business practices and consumer protection framework, passed in 2012, will come into effect on 19 July 2013. We provide an overview of these major changes and explain how the new expanded consumer protection regime will operate in Hong Kong.
On 26 April 2013 Treasury released the Government response to the Parliamentary Joint Committee on Corporations and Financial Services report on the collapse of Trio Capital and to the Richard St. John report on Compensation arrangements for consumers of financial services. Although preliminary, the response gives a clear signal to industry regarding the shape of future developments in financial services regulation.
The proposed statutory codification of the definition of 'charity' and the inclusion of a statutory 'public benefit' test may impact professional organisations currently endorsed as charities. Clients within these entities should consider their current constitutional documents in light of the proposed changes.
On 8 April 2013, the federal government issued the Charities Bill 2013 and the Charities (Consequential Amendments and Transitional Provisions) Bill 2013, introducing a statutory definition of 'charity' and 'charitable purpose' for the purposes of all Commonwealth legislation.
Recent judgments by the Federal Court of Australia have emphasised that the application of a global compliance policy may not meet the necessary requirements to defend a breach of Australian law. This reinforces the need for multinationals to review universal international programs to ensure they specifically cater for domestic obligations.
Important amendments have been made to the Retirement Villages Act 1986 (VIC) introducing stringent disclosure requirements on owners and operators of retirement villages in Victoria. The amendments enable prospective residents to better compare retirement villages before signing a contract.
In the second part of this Alert, we provide guidance on developing an effective competition compliance program to avoid breaches of the new Hong Kong Competition Ordinance.
In line with the national harmonisation of personal criminal liability for corporate fault, the Directors Liability Legislation Amendment Act 2013 (ACT) recently simplified and consolidated the position on executive liability in the ACT across a range of different legislation. There are now less offences for which an executive officer may be liable, and executive officers will no longer be presumed to be responsible for any offences committed by a corporation under the amended Acts.
After a long and contentious process, the Hong Kong Competition Ordinance was passed in 2012 and the foundations for its introduction are now being laid. Businesses should take proactive steps to prepare themselves for a significant change in Hong Kong's commercial landscape once the Competition Ordinance comes into full force.
This user friendly guide provides answers to some of the most common questions companies face when employing foreign nationals or nationals working abroad. Our Employment Law team dissect the legislation to give you clear advice on employment restrictions, recruitment checks and the 'permission to work' approval process. A step by step section will explain the rights, obligations and entitlements of both parties under the employment contract, including an overview of remuneration and bonuses, tax payments and lawful termination procedures.
In the final instalment of our three-part special edition of the Competition & Regulation newsletter, Part III: Anti-Competitive Conduct, we analyse the core commercial issues and developments in the areas of cartels, resale price maintenance, misuse of market power, exclusive dealing and merger clearance.
After years of major amendments to the competition provisions of the Competition and Consumer Act and unfair business provisions of the Australian Consumer Law, business may be forgiven for thinking there were few developments in 2012. Despite the absence of wholesale legislative reform, there were many issues to trip the unwary.
In this special three-part edition of the Competition & Regulatory Newsletter, we analyse the core commercial issues from 2012, and those to watch closely in 2013
Our special three-part edition of the Competition & Regulatory Newsletter continues this week with Part II: Penalties. In this issue we analyse the core commercial issues in penalties from 2012, and those to watch closely in 2013.