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Latest from Allens Insights

Trends, issues and opportunities facing Australian infrastructure 5 min read With governments laying out record spending on infrastructure as a source of stimulus, we are at a critical moment. Understanding how investors’ priorities have shifted and addressing barriers to investment will be crucial to leveraging private capital through Australia’s economic recovery from COVID-19. Australia remains a compelling infrastructure investment market. However, the lack of opportunities, the cost and complexity of bidding and policy and regulatory…
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Key considerations across the legal landscape 11 min read Following the release of the National Hydrogen Strategy in 2019, Australia is seeing exciting developments in government funding, new project announcements and private sector interest in a hydrogen industry. Federal and state governments are partnering with the private sector to support hydrogen technologies, in the race to become a premier exporter of clean hydrogen to the decarbonised global economy. This Insight explores the opportunities for Australia…
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Resilience and opportunity across a range of sectors 5 min read At the start of the year, we predicted 2021 could be the busiest year ever for PE dealmakers in Australia. Now, just past the halfway point, 2021 has so far proved to be momentous with elevated levels of activity across various sectors and asset classes. Despite the ongoing economic uncertainty caused by COVID-19, business disruptions resulting from recurrent domestic lockdowns and domestic and international…
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Significant ramifications for multiple industries 11 min read Can an artificial intelligence (AI) system be named the inventor of a patent? An Australian court says ‘yes’. The decision in Thaler v Commissioner of Patents [2021] FCA 879 is the first judicial determination in the world in favour of AI systems being named as inventors of a patent. The availability of patent protection for AI-generated inventions is a vexed and controversial issue. As AI is increasingly…
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CCR buttresses voluntary scheme with new obligations 6 min read The mandatory comprehensive credit reporting scheme is finally in operation. We explain what’s changed, who it affects, and the key considerations, risks and obligations — including steps you need to take soon. Key takeaways The mandatory comprehensive credit reporting scheme (CCR) has finally come into effect, establishing a statutory framework to buttress the voluntary comprehensive credit reporting regime that has already been largely embraced by…
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Latest in competition and consumer law 8 min read The ACCC instituted Federal Court proceedings against SmileDirectClub alleging it made false and misleading statements about private health insurance reimbursements for its clear teeth aligners and associated treatments. The ACCC allowed a notification by Australian Vending Buying Association to stand. The notification allows the Association to collectively negotiate with large suppliers of goods for use in vending machines. Epic Games successfully appealed the Federal Court’s decision…
Opportunities that lie ahead for the energy industry 10 min read The Energy Security Board’s (ESB) Post 2025 Market Design Options Paper provides a glimpse into upcoming reforms that aim to release the potential of distributed energy resources to meet current challenges with falling minimum demand and to leverage demand side participation. Key takeaways The existing regulatory framework is not designed to accommodate bi-directional power flow, notwithstanding that by 2030 it is expected that 50%…
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ESG key in non-board endorsed candidates’ election to ExxonMobil board 6 min read Environmentally focused activism continues to be on the rise. In a recent US example, ExxonMobil’s shareholders elected three non-board endorsed candidates standing for action on climate change to the board, following a proxy battle waged by a small, activist hedge fund. This is another instance of ESG-related interests of stakeholders impacting the governance arrangements of large listed companies. We look at why…
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New UK rules track European Alternative Fund Managers Directive 5 min read The landscape for wholesale investment funds in the UK has shifted in the wake of Brexit. We give a round-up of the latest developments, and explain what Australian fund managers who are marketing their products to EU or UK investors need to know. Key takeaways  Following the end of the UK’s Brexit transition period on 31 December 2020, the UK is no longer…
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Benefits of a coordinated approach to regulator engagement Managing the merger control filings for global transactions can be an onerous exercise. A question lawyers managing such transactions frequently face is the extent to which different regulators around the world may require different remedies. There is no doubt that a coordinated approach across jurisdictions can yield benefits, particularly in deals that require remedies to secure conditional clearance. As global M&A activity surges, we address the challenges…