The High Court will soon rule on two key corporate and securities law decisions. In each case, Acumen has reported on the lower Court decisions...
On 21 March 2011, ASX issued a "Concept Release" as part of ASX's SME, Mid-Cap and Micro-Cap Equity Market Review. The Review is seeking to question whether ASX's "one size fits all" approach to...
In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (FOFA) project.The paper floats a number of options for a...
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, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (or FOFA...
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...
At the conclusion of the 2010 "AGM Season" we conducted a survey of the business of
In our December 2010 issue of Acumen, we published an article summarising the Exposure Draft - Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 and...
ASIC has issued Consultation Paper 143: Expert reports and independence of experts: Update to RG111 and RG112. In CP143 ASIC proposes changes to its two regulatory guides dealing with content of...
Chartered Secretaries Australia and the Australasian Investor Relations Association have issued guidance on handling confidential, price-sensitive information. This is in response to ASIC's...
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...
ASIC's action against Andrew Forrest and Fortescue Metals Group (FMG) is now over. The result in the High Court was an emphatic victory for Forrest and FMG after 6 years of hard fought...
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...
The decision of the High Court in the James Hardie litigation has important implications for non-executive directors (and those who advise them), for general counsel, company secretaries and others...
On 28 November 2011, Treasury issued a Discussion Paper in response to, among other things, concerns about the new dividend provisions inserted into the Corporations Act by the Corporations
On 21 June, the Australian Tax Office (ATO) issued two draft 'fact sheets' relating to the taxation of the payment of dividends. This follows amendments to section 254T of the Corporations Act...
As foreshadowed in the December 2010 edition of Acumen, on 21 March 2011 the UK Takeover Panel Code Committee issued a Consultation Paper on a number of proposed amendments to The Takeover Code...
On 30 March 2011, the Australian Securities and Investments Commission issued updated Regulatory Guides on Related party transactions (RG 76), Content of expert reports (RG 111) and Independence of...
On 12 April ASIC issued a Consultation Paper and draft Regulatory Guide concerning new proposals to give guidance on the ...clear, concise and effective... requirement for prospectuses, as well as...
ASIC's victory in the Full Federal Court in ASIC v Fortescue1 fell short of being resounding. Two of the judges (Keane CJ and Emmett J) queried whether it was worth ASIC's effort given there was no
The decisions of the New South Wales Court of Appeal in Morley & Others v ASIC [2010] NSWCA 331 (Morley) and James Hardie Industries NV v ASIC [2010] NSWCA 332 (JHINV) are perhaps not as...
The decision in Ross Human Directions [2010] ATP 8 is not a "game changer" when it comes to deal protection in M&A transactions, but it does provide some fairly clear guidance to advisers
The UK Takeover Panel has recently issued a response statement in relation to consultation on proposed amendments to the UK Takeover...
ASIC has issued Consultation Paper 142: Related Party Transactions, foreshadowing revisions to Regulatory Guide 76. ASIC has conducted a review of public company related party transactions, and...