Many growth-stage companies – particularly in the technology and resources sectors – have contemplated changing their jurisdiction of incorporation from Australia to elsewhere.
The ASX is likely to introduce a series of new measures in 2024 aimed at streamlining aspects of the IPO listing process, as outlined in a recent adviser briefing.
“It’s fine to celebrate success, but it is more important to heed the lessons of failure.”
Bidders for Australian listed companies usually decide to make a formal takeover bid or alternatively propose a scheme of arrangement. But sometimes both paths are taken together and a scheme of...
In its first review of a merger authorisation application since the current regime came into effect in 2017, the Australian Competition Tribunal (Tribunal) has upheld the Australian Competition and...
High Court of Australia expands concept of a “benefit” for civil penalty and criminal sentencing principles – larger corporate penalties are on the way!
The past few weeks have been exceptionally busy from an international tax perspective, with the Government making headway on a number of its tax integrity and enhanced tax transparency measures.
Five weeks after Treasury’s release of exposure draft legislation to amend the thin capitalisation rules, as announced in 2023 Federal Budget (Exposure Draft), the Treasury Laws Amendment (Making...
A decision which insolvency practitioners will welcome in, Cathro, in the matter of Cubic Interiors NSW Pty Ltd (In Liq) [2023] FCA 694, the Federal Court clarified that s588FL of the Corporations...
On 23 June 2023, Treasury released further draft legislation to deny deductions for payments by Significant Global Entities (SGEs) relating to intangible assets connected with low corporate tax...
The Australian Government has finally re-enacted a Bill to reform important parts of Australia’s foreign bribery laws, many years after the Australian Senate and numerous parliamentary committees...
‘No-poach’ or ‘non-compete’ clauses are used widely by Australian companies to prevent the leakage and misuse of employer’s information and loss of key client and supplier relationships. Companies...
We are pleased to share with you the 7th edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).
On 10 December 2022, the Corporations Amendment (Litigation Funding) Regulations 2022 (Cth) (Regulations) came into effect. In summary, the regulations bring the status of litigation funding...
From 1 October, we expect to see significant changes in the way that companies offer equity to their Australian personnel. For many businesses, new rules in the Corporations Act significantly...
The long-awaited changes to the Corporations Act’s disclosure rules and related requirements for employee share schemes have become law.
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...
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...
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...
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...
On 10 February 2022, the Australian Senate finally passed the Corporations Amendment (Meetings and Documents) Bill.
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...
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...
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...
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...