Insights

Long-awaited employee share scheme reforms become law

The long-awaited changes to the Corporations Act’s disclosure rules and related requirements for employee share schemes have become law.

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Winds of fortune: the tide turns in for Australia’s offshore wind industry

Australia’s new offshore electricity infrastructure legislative framework goes live on 2 June 2022. Regulations are close to being finalised and Victoria is the first state to announce a large...

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A duty to prevent: Human rights & environmental due diligence may be the norm following EU Directive

On 23 February 2022 the European Union (EU) released its long-anticipated draft EU Directive on Corporate Sustainable Due Diligence, also known as the mandatory human rights and environmental due...

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Curly Worley – Continuous Disclosure and Earnings Guidance in the Full Federal Court

Continuous disclosure remains topical: on Friday the Full Federal Court handed down its decision in Crowley v Worley [2022] FCAFC 33. Against the run of recent cases, the applicant/appellant had a...

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Australia’s Digital Commerce Reforms Continue

On 17 February 2022, the Federal Government introduced into Parliament the next tranche of legislation to modernise business communications within the Treasury portfolio – the aptly named Treasury...

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Australia makes it to the 21st Century – permanent corporate digital measures passed by the senate

On 10 February 2022, the Australian Senate finally passed the Corporations Amendment (Meetings and Documents) Bill.

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The latest word on continuous disclosure

On 7 February 2022, the Federal Court handed down the latest Australian first instance decision on continuous disclosure, this time dealing with production guidance provided by Iluka in 2012 – some...

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AusNet Services Limited in the Takeovers Panel: “Hard” Exclusivity and Deal Protection Lore Reform

The Takeovers Panel’s decision in AusNet Services Limited 01 [2021] ATP 9 has drawn comment from a number of quarters. In essence, in AusNet the Panel decided that an eight week exclusivity...

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Global trends in competition law regulation of mergers and acquisitions

There is no doubt that the international competition law landscape is changing. While calls for increased regulation of ‘big tech’ frequently make headlines, there is a broader shift in competition...

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The new fault element in continuous disclosure s674A and the directors’ duty of care

Overall, the new s674A will not materially alter the approach that directors should adopt in seeking to have the company comply with its obligations and discharge the directors’ own duties. It is...

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Treasury Laws Amendment (2021 Measures No. 1) Act 2021 – now in force

On 9 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 finally passed the Senate, with amendments.

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Electronic execution and online meetings – permanent reforms are on the way

On 25 June 2021, Commonwealth Treasury issued an exposure draft of legislation to make permanent reforms to the Corporations Act in relation to electronic execution of documents and online meetings...

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Is it time for a superannuation fund merger?

With mounting pressure from the regulator and the burden of administrative costs, super funds are making the decision to merge more often than before; at least 28 have taken the step since 2014.

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Issues in private M&A resulting from COVID-19

This piece is designed to prompt thoughts of what changes may be required in private M&A documents in order to accommodate and allocate risks relating to COVID-19 and the fallout from this pandemic.

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Capital raising relief – a cautionary tale

ASIC and ASX have both announced temporary changes to their respective regulatory regimes to facilitate capital raisings for listed entities in response to the economic impact of COVID-19.

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Steering through uncertain seas: creditor solutions to navigating COVID-19

Times are changing rapidly with the current flow of Coronavirus measures introduced to support businesses in debt and distress.

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COVID-19: temporary changes to meeting provisions under the Corporations Act

The Commonwealth Treasurer exercised emergency powers under the Corporations Act to facilitate virtual meetings and electronic execution of documents by companies.

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JWS Private Treaty M&A dictionary

The JWS Private Treaty M&A dictionary provides clear and simple definitions of many commonly used terms in unregulated sale and purchase transactions in Australia.

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ACCC red lights not fatal for mergers

A red light from the Australian Competition & Consumer Commission (ACCC) is not necessarily fatal when it comes to seeking approval for mergers but red light Statement of Issues (SOI) are becoming...

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Practical Law Guide: Merger control in Australia

Sar Katdare and Andrew Willekes have prepared an easy to use Q&A on merger control in Australia.

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Changes to the ASX Listing Rules

Late last year the Australian Securities Exchange (ASX) released its consultation paper “Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules”. After...

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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International Comparative Legal Guide: Private Equity 2019

A practical cross-border insight into private equity.

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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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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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