Insights

International Comparative Legal Guide: Private Equity 2019

A practical cross-border insight into private equity.

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Modern slavery laws in Australia and New South Wales: a ‘how to’ guide for organisations

These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.

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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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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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Key points for boards and activist shareholders from Perpetual’s loss to Brickworks and Soul Patts

The Federal Court has released its judgment in favour of Brickworks Limited and Washington H. Soul Pattinson and Company Limited, in its proceedings with Perpetual.1

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2016 AGM Season Survey Results

At the conclusion of the 2016 AGM season, we conducted our annual survey of remuneration report voting for S&P/ASX 1001entities.

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ASX releases third edition of Corporate Governance Principles and Recommendations

The ASX Corporate Governance Council has released the third edition of the Corporate Governance Principles and Recommendations in conjunction with a number of governance-related amendments to the

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Final governance-related Listing Rules amendments

The Final Amendments are intended to come into effect on 1 July 2014, subject to receipt of the necessary regulatory approvals under the Corporations...

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2013 AGM Season Survey Results

At the conclusion of the 2013 AGM season, we conducted a survey of the business of AGMs of ASX listed entities...

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ASIC consults on its employee incentive scheme policy

ASIC is proposing to update its policy on employee incentive schemes. ASIC currently anticipates releasing a revised Regulatory Guide 49: Employee Incentive Schemes and class order in...

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Fair Work Commission workplace bullying jurisdiction - now in operation

The Fair Work Commission's workplace bullying jurisdiction commenced on 1 January 2014. This article provides insight into the operation of the jurisdiction and how your organisation can...

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Proposed ASX amendments relating to mid to small caps

In April 2012, ASX issued a consultation paper proposing amendments to the ASX Listing Rules impacting on mid to small cap listed entities - that is, entities with a market capitalisation of...

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Joint bids without a 'match or accept' condition

In this article, we discuss the potential for major shareholders to come together to make a joint bid without having to put their stakes at risk with a condition requiring them to "match or accept...

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ASX Limited - 'good fame and character' requirement for directors of new listed companies

We previously reported on proposed amendments to the ASX Listing Rules to require an applicant for ASX Listing to satisfy ASX that its directors or proposed directors at the date of listing are of...

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Infringement Notices

The ACCC has the power to use infringement, substantiation and public warning notices in carrying out its enforcement activities, and has embraced infringement notices to resolve minor...

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ASIC review of breach reporting

On 16 September Peter Kell, Deputy Chairman of ASIC, delivered a speech to the Risk Management Association of Australia CRO Forum about 'Why breach reporting is...

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Proposed update to ASX corporate governance guidelines

On 16 August 2013, the ASX released two consultation papers in relation to its Corporate Governance guidelines: one, proposing updates to the Corporate Governance Principles & Recommendations; and...

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Sharp business conduct or unconscionable conduct? The decision in ACCC v Lux

The recent decision of the Full Court of the Federal Court in ACCC v Lux is unsurprising in so far as it confirms that the issue of whether conduct is unconscionable under the Australian Consumer...

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International foreign bribery developments affecting Australian business

Topics discussed in this update include Australia's signing up to the International Foreign Bribery Taskforce; Australia's consideration of reforms to anti-money laundering and counter terrorism

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2012 AGM Season Survey Results

At the conclusion of the 2012 AGM season, we conducted a survey of the business of AGMs of ASX listed companies in 2012 on a similar basis to our surveys of the 2010 and 2011 AGM...

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CAMAC discussion paper on The AGM and Shareholder Engagement

The Companies and Markets Advisory Committee recently issued a Discussion Paper on The AGM and Shareholder Engagement, following a reference from the Parliamentary Secretary to the Treasurer in...

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New 10% placement rule for small to mid caps and changes to admission requirements

From 1 August 2012, ASX has amended the ASX listing rules to make it easier for small to mid cap entities to raise capital by allowing them to place an additional 10% of their capital in a 12 month...

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ICANN releases applications for new top level domain program

On 13 June 2012 the Internet Corporation for Assigned Names and Numbers (ICANN) released a list of the applications it has received for new top level...

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Commercially sensitive information - beware of s275, Personal Property Securities Act

The confidentiality of commercially sensitive information can be jeopardised by the operation of s 275 of the PPSA. If any document contains provisions which constitute a "security interest" for the

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