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    The fall of the phoenix? Parliament passes new laws aimed at combating illegal phoenix activities
    2020-02-28

    The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2019 (Cth) (Amending Act) passed into law on 17 February 2020, over a year after it was first introduced to Parliament.   

    Placing phoenix activity firmly in its crosshairs, the Amending Act introduces long anticipated reforms to Australia’s efforts to curb phoenix activity.  

    Background 

    Filed under:
    Australia, Insolvency & Restructuring, Tax, White Collar Crime, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Australian Taxation Office, Australian Securities and Investments Commission
    Authors:
    Cameron Cheetham , Kirsty Sutherland , Craig Ensor , Matthew Critchley , Sam Delaney , Felicity Healy , Michael Catchpoole , Michelle Dean , James Lucek-Rowley , Mark Wilks
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    A summary of major developments in key areas
    2013-03-07

    The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and directors' remuneration in the last few months.

    Filed under:
    Australia, European Union, Indonesia, Myanmar, United Kingdom, Banking, Company & Commercial, Competition & Antitrust, Construction, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Tax, Telecoms, Trade & Customs, Herbert Smith Freehills LLP
    Location:
    Australia, European Union, Indonesia, Myanmar, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Preview 2013 (UK law)
    2013-01-15

    2013 will herald some significant changes to the UK legal arena, notably in the corporate area in relation to executive remuneration and narrative reporting, in dispute resolution as the Government's reforms to the civil litigation costs and funding regime are due to be implemented and in the energy, real estate and construction areas where there are major changes to the carbon reduction commitment energy efficiency scheme, further amendments to the Community Infrastructure Levy Regulations, the introduction of the Growth and Infrastructure Bill and various amendments to the Building Regula

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Media & Entertainment, Patents, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Review of 2009 and preview of 2010
    2010-01-15

    The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Tax, Telecoms, White Collar Crime, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Banking Act 2009 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Bruton Holdings – ATO has no power to garnishee debt after commencement of winding up
    2009-10-07

    Introduction

    By unanimous decision in Bruton Holdings Pty Limited (in liquidation) v Commissioner of Taxation1, five members of the High Court have reversed a controversial decision of the Full Federal Court to confirm that the Commissioner of Taxation (Commissioner) cannot ‘leap-frog’ other creditors in a liquidation.2

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, Herbert Smith Freehills LLP, Debt, Liability (financial accounting), Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Australian Taxation Office, High Court of Justice, Federal Court of Australia, High Court of Australia
    Authors:
    Paul Wenk
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2018
    2018-01-15

    ENGLAND AND WALES PREVIEW OF 2018 January 2018 LEGAL GUIDE HERBERT SMITH FREEHILLS 01 page CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Brexit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Competition, Regulation and Trade . . . . . . . . . . . . . . . . . . 05 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07 Corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08 Dispute Resolution . . . . . . . .

    Filed under:
    European Union, United Kingdom, Scotland, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Planning, Real Estate, Securitization & Structured Finance, Tax, Herbert Smith Freehills LLP, Brexit, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Timeline: What is on the Horizon? - October 2017
    2017-10-03

    EU requirement for national insolvency registers to be established in all Member States (Recast Insolvency Regulation 2015 ((EU) 2015/848))

    Will Nevin Partner T +44 20 7466 2199 [email protected]

    UK TIMELINE

    Kevin Pullen Partner T +44 20 7466 2976 [email protected]

    2017Q4 (Oct-Dec)

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation, Public, Real Estate, Tax, Herbert Smith Freehills LLP, Corporate governance, Brexit, MiFID, Financial Conduct Authority (UK), European Commission, CJEU
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Duty of care, Defined benefit pension plan, European Commission, Securities and Futures Commission (Hong Kong)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, EEA, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2017
    2017-01-10

    2017 will see major changes to the UK legal landscape, with Article 50 of the Treaty on European Union expected to be triggered by the end of March 2017 to begin the Brexit process. The legal implications of Brexit will be hugely significant; preparing for their impact will be a substantial challenge across every industry sector. Our Preview of 2017 outlines these implications, as well as identifying other trends and issues we expect to be on the legal agenda this year.

    Filed under:
    European Union, OECD, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Legal Practice, Litigation, Public, Real Estate, Tax, Telecoms, Trade & Customs, White Collar Crime, Herbert Smith Freehills LLP, Brexit
    Location:
    European Union, OECD, United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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