Australia’s insolvency laws have been amended, yet again.
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...
On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.
The International Comparative Legal Guide to: Public Investment Funds 2019
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...
The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...
With the Federal Government announcing its intention to introduce a Consumer Data Right (CDR) from 1 July 2019, how can you be prepared?
Will your security interest expire on 30 January 2019?
The Court of Appeal - Supreme Court of Western Australia has delivered a decision confirming that a statutory set-off under s 553C of the Corporations Act can still be available to a creditor...
When refinancing inventory, gaining 'super priority' for a purchase money security interest (PMSI) over existing general security interests is paramount to protecting the investment made by the...
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...
From Monday next week the much hyped stay on ipso facto rights in certain contracts will be law. The relevant Legislation, Regulations and Declarations commence this Sunday, 1 July 2018.
On 1 June 2018, ASIC released Consultation Paper 301 in connection with the Australian financial services (AFS) licensing exemptions applicable to foreign financial service providers (FFSP...
This special edition of Acumen discusses the key taxation reforms announced on the evening of 8 May 2018 by Treasurer Scott Morrison in the 2018 Australian Federal Budget.
Foreign financial service providers (FFSPs), that provide financial services to wholesale clients in Australia relying on one of the FFSP Class Order exemptions from holding an Australian financial...
This special edition of Acumen discusses the key taxation reforms for business announced on the evening of 9 May 2017 by Treasurer Scott Morrison in the 2017 Australian Federal Budget.
Insolvency sales have their own unique issues, but the agenda is always clear - maximise return to creditors.
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.
On 26 October 2011, the Commissioner of Taxation issued Taxation Determinations TD 2011/24 and TD 2011/25, dealing with the source of income and availability of tax treaty benefits, respectively...
Can a trustee treat receipts or outgoings as being on capital or income account irrespective of the nature of the receipt or outgoing? Legal and tax advisers have expressed various views on the...
The decision of the NSW Court of Appeal in JP Morgan Australia Ltd v Consolidated Minerals Pty Ltd [2011] NSWCA 3 on 8 February 2011 emphasises the extent to which the Courts are prepared to read...
In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (or FOFA...
JWS made a submission to ASX commenting on the consultation paper and exposure draft relating to proposed amendments to the ASX Listing...
In January 2011, ASX issued a consultation paper and exposure draft containing proposed listing rule amendments to facilitate commonly used forms of rights issues known as ...accelerated offers...