Insights

Changes to the ASX Listing Rules

Late last year the Australian Securities Exchange (ASX) released its consultation paper “Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules”. After...

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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Financial product advice - what was general is now personal

On 28 October 2019, the Full Court of the Federal Court published its judgment in Australian Securities and Investment Commission v Westpac Securities Administration Limited

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Are claims by a regulator extinguished by a DoCA?

The Federal Court has considered whether a deed of company arrangement (DoCA) binds a regulator.

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“Just and equitable” winding up: a viable cure for creditor distress and shareholder oppression

The Supreme Court of Victoria’s recent decision in Pacific Dairies Limited v Orican Pty Ltd illustrates judicial unwillingness to interfere in shareholder disputes, even in cases involving...

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The continued saga of the Babcock & Brown liquidation

In a decision of the Federal Court handed down on 18 October 2019 in Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liquidation) [2019] FCA 1720, Foster J held that...

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Quick guide to new modern slavery laws

New Modern Slavery laws are now in place and you may be legally required to submit an annual modern slavery statement.

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Defamation Panel: CAMLA’s Communications Law Bulletin

Following a hearing in February this year, the Supreme Court handed down its judgment in the Voller case on 24 June 2019 and the result is intriguing for a host of reasons.

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Powers of attorney and step-in rights as security interests?

The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.

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Website evidence goes Wayback

Parental cautions to their millennial children that “the internet is forever” now have an echo in Australian litigation following the recent decision of the Federal Court in Dyno Nobel Inc v Orica...

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Recent Australian class action highlights

With a 25-year-old class action regime that is well established for all types of matters (consumer, competition and shareholder claims) and which does not face the significant interlocutory...

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Matters of interest – fixed or floating?

A recent decision of the Supreme Court of Queensland has highlighted the need to be vigilant when calculating pre-judgment interest, particularly in respect of long running litigation.

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Resources sector revamp? Productivity Commission announces 12-month review

On 5 August 2019 the Federal Resources Minister, Matt Canavan MP announced that the Productivity Commission will conduct a 12-month review of the regulation of the resources sector.

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GLI: Corporate Tax 2019

Partners Andy Milidoni and Prashanth Kainthaje have written the Australian chapter for GLI: Corporate Tax 2019.

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The High Court, Privilege and Paradise: the ATO and accessing corporate confidential information

Last week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege (LPP) as merely an immunity from the...

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International Comparative Legal Guide: Alternative Investment Funds 2019

Partners Austin Bell and Andi Milidoni have written the Australian chapter for the International Comparative Legal Guide: Alternative Investment Funds 2019

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Are fingerprints employee records? Biometric data in the workplace

In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification...

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Damage to an employer’s reputation can trump free speech and justify dismissal

In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee...

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A tip for liquidators of insolvent corporate trustees: appoint a receiver

How should the liquidator of an insolvent trustee company ensure payment out of trust assets of the entirety of his or her remuneration and expenses? According to the Federal Court , from the...

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Core R&D activities to be given broader construction

Last week, the Full Federal Court (per Davies, Moshinsky and Steward JJ) handed down a decision in Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120.

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Rising from the ashes - reintroduction of the Illegal Phoenixing Bill

Australia’s insolvency laws are changing, yet again.

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International Comparative Legal Guide: Vertical Agreements and Dominant Firms 2019

Partner Sar Katdare and Associate Jaime Campbell have written the Australian chapter for the International Comparative Legal Guide: Vertical Agreements and Dominant Firms 2019.

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International Comparative Legal Guide: Private Equity 2019

A practical cross-border insight into private equity.

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ASIC engages in further consultation on regulation of foreign investment advisers and other FFSPs

On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for...

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Class Action Update - Shifting Sands: Orders for defendants to produce insurance policies

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.

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