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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International Comparative Legal Guide: Private Equity 2019

A practical cross-border insight into private equity.

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Dealings between major shareholders in a scheme of arrangement – without needing joint bid relief

The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman...

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When should a director refrain from recommending a scheme?

The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...

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Employee Incentive Plans – which plan should you adopt?

What are employee incentive plans and why do employers use them?

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Insights from the 2019 Global AgInvesting Conference in NYC

Amit Jois reflects on the key takeaways from the 2019 Global AgInvesting conference in NYC

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Practical Law Guide: Investing in Australia

A Q&A guide to investing in Australia.

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Data control conditions for foreign investment approvals in Australia

Recent decisions by the Treasurer of Australia indicate a growing trend towards the imposition of data control conditions in connection with foreign investment approvals. Investors should allow for...

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Security for payment in scrip transactions: a viable option in Australia?

How can novel structuring and proper care achieve security for payment in scrip transactions?

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Australia’s media reform and its impact on M&A activity

On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...

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Reform of Part 5.8A and the Fair Entitlements Guarantee Scheme

New draft legislation will potentially reform the Corporations Act to curb misuse of the Fair Entitlements Guarantee (FEG), which often leads to the cost of employee entitlements being shifted to...

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The new safe harbour insolvency laws – basics for directors and commercial contracting

The amendments to the Corporations Act1 to broaden the ‘safe harbours’ for directors on an insolvency were passed by Parliament on 12 September 20172 and are awaiting a date for commencement.

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Insolvency law reform – stay on enforcement of ipso facto clauses

On 12 September 2017, some of the most significant reforms of Australia’s corporate insolvency laws in recent years were passed by both Houses of the Australian Federal Parliament. These reforms...

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Merger with benefits: Lessons from the Tabcorp/Tatts case

The Australian Competition Tribunal has given competition approval for the $11bn merger of Tabcorp and Tatts. Although the Tribunal was the first instance decision maker in this case, under...

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Likely new corporate offence of failing to prevent foreign bribery

All companies, however large or small, will need to comply with these proposed laws when (rather than if) they are enacted.

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Foreign Bribery Update 2016: May

Important developments in Australia and overseas in foreign bribery policy, investigations and regulation to 20 May 2016, including international the role of intermediaries in Unaoil and the Panama...

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Continuous Disclosure Shareholder Class Actions in Australia

Shareholder class actions for alleged breaches of a listed company’s continuous disclosure obligations are an established part of the Australian legal landscape with more than 50 shareholder class...

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Acumen July 2016

Legal issues from July 2016.

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JWS Private Treaty M&A dictionary

The JWS Private Treaty M&A dictionary provides clear and simple definitions of many commonly used terms in unregulated sale and purchase transactions in Australia.

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Australia’s foreign investment laws: a guide for foreign investors and their counsel

When a transaction with a direct or indirect connection to Australia is proposed, foreign investors and their counsel should consider whether notification is required or advisable.

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Surrounding circumstances as an aid to the construction of contracts

While there is a divergence in views among courts in Australia as to whether ambiguity remains a prerequisite for the admissibility of...

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In-house privilege - Archer Capital 4A v Sage Group (No 2)

Determining whether legal professional privilege applies to the communications of in-house counsel has traditionally involved the preliminary question as to whether the employed lawyer is...

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