Insights

Foreign Bribery Update – December 2017

Lawyers and business need to appreciate that the risks of disclosure are greater now than ever before.

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Review of the regulatory and tax landscape for foreign investors in December 2017

Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'

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New incentives for mineral exploration: Treasury Laws Amendment (Junior Minerals Exploration Incenti

It is anticipated that a number of changes to the EDI scheme will encourage Mineral Explorers to engage in new capital raisings for the purpose of undertaking mineral exploration.

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Do you possess what it takes to perfect your PMSI?

Making sense of the purchase money security interest (PMSI) priority provisions in the Personal Property Securities Act 2009 (Cth) (PPSA) can be challenging for financiers and insolvency...

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Secured creditor claims to funds remaining after termination of DOCA – the latest word from the West

The recent Hughes decision illustrates the significance of PPSA security interests despite the existence and subsequent termination of a DOCA.

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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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Providing Safe Harbour Advice – Issues for Insolvency Practitioners to Consider

A discussion of some issues which may be relevant to a practitioner’s decision as to whether to act as an advisor in the safe harbour period.

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Disclosure Relief for Foreign Companies when Raising Capital in Australia

Generally, foreign companies offering securities in Australia need to comply with the prospectus provisions in the Corporations Act 2001 (Cth) (the Act). However, in addition to the normal...

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Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

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Water compliance and enforcement – a new Natural Resources Access Regulator in NSW

With the introduction of the new Regulator, we can expect an increased focus on compliance with water laws in NSW.

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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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Higher penalties for competition and consumer law breaches

Compliance has never been more critical than it is now given the increase in penalties.

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The status of the trustee’s right of indemnity in the winding up of insolvent trustees – the latest

There is increasing importance for insolvency practitioners of pragmatic judicial application of equitable principles (rather than statutory priority rules) in seeking priority payment of their...

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Raising the bar for employee record keeping

The obligations of employers in relation to employee records have become more important under the recent changes to the Fair Work Act 2009 (Cth) (Act) as a result of the Fair Work Amendment...

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Justice Murphy clarifies Money Max and opens further the door for litigation funders and “Common Fun

Justice Murphy has clarified that the decision in Money Max was specific to the facts of that case, and not intended to establish broad principles that would apply to all cases in which a common...

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Consequential Loss: do you know what you are excluding?

One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...

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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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The Critical Infrastructure Centre: what foreign investors need to know

In 2016, the Australian Federal Government, following the Foreign Investment Review Board (FIRB) approval process, rejected the bids for proposed partial sale of the New South Wales state owned...

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Vulnerable Workers Legislation Update

Amendments to the Fair Work Act 2009 will increase penalties available for breaches of workplace laws, and aim to strengthen the powers of the Fair Work Ombudsman.

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Still holding on: the validity of ‘holding’ deeds of company arrangement

A recent appeal judgment has confirmed the validity of ‘holding’ deeds of company arrangement, or ‘Holding DOCAs’ under the Corporations Act .

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Australia’s media reform – removing two hurdles in a complex obstacle course

It is opportune to review the reforms and consider their implications for corporate transactional activity in the media sector.

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Corporate Collective Investment Vehicles – initial consultations completed

The target is within sight for the draft Corporate Collective Investment Vehicle (CCIV) legislation to be finalised.

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Recourse to bank guarantees Pt II

The various decisions handed down in this litigation (from Courts of all levels) confirm the conventional position in Australia in relation to unconditional guarantees.

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