Insights

A bitter pill to swallow: When an “Offer” is actually an agreement

The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...

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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 Voller decision: tightening liability for third party content

The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by...

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A matter of trust: High Court rules on distribution of assets of an insolvent corporate trustee

In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.

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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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Hobson’s Choice? Statutory unconscionability revisited in ASIC v Kobelt

By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...

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Navigating changes to the employment landscape in FY20

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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Taxation of Employee Share Schemes in Australia: Does the System Foster Growth?

Comparing Australia’s approach to the taxation of employee share schemes to similar schemes in the US shows Australian start-ups and small businesses could be disadvantaged in the global market.

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The Osteo Gel case - what you need to know

A short case summary on the recent Osteo Gel case.

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Investing in Australian Real Estate

This brochure provides global investors a practical and quick overview about real estate investments in Australia, which includes answers to some of their commonly asked questions.

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“Adding fuel to the fire”: Administrators fail in bid to adjourn winding-up of Paltar Petroleum Ltd

On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings...

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The new GST withholding regime for New Residential Premises and Potential Residential Land

With effect from 1 July 2018, a new withholding regime for GST will require purchasers to withhold an amount from the purchase price for ‘new residential premises’ and for ‘potential residential...

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Angas Securities scheme of arrangement approved

On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.

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Court Rejects ASIC’s Application for an Inquiry into a Liquidator's Conduct

The NSW Supreme Court has reaffirmed the criteria for a Court to inquire into a liquidator’s conduct

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Lazarus with a triple bypass – s444GA in liquidation

The recent sale of Black Oak Minerals Limited (Black Oak) to Ramelius Resources Limited (ASX: RMS) (Ramelius) shows that section 444GA of the Corporations Act 2001 (Cth) (the Act) can be used to...

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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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Public Investment Funds 2019

The International Comparative Legal Guide to: Public Investment Funds 2019

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Guidance for receivers on post-appointment tax liabilities

Dealing with the important question of a receiver’s obligation to retain money for post-appointment tax liabilities.

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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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Your company, its executives and the sharing of abhorrent violent material laws

New criminal offences were introduced by Federal Parliament today via the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019.

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Federal Budget 2019 Insights

We bring you the key taxation reforms announced by Treasurer Josh Frydenberg in the 2019/20 Australian Federal Budget. Unsurprisingly, with the next Federal election due sometime in May, the main...

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The Whistle has finally blown – New whistleblower regime commences

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