Insights

Continuous Disclosure Shareholder Class Actions in Australia

Shareholder class actions for alleged breaches of a listed company’s continuous disclosure obligations are an established part of the Australian legal landscape with more than 50 shareholder class...

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Acumen July 2016

Legal issues from July 2016.

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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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Australia’s foreign investment laws: a guide for foreign investors and their counsel

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.

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Surrounding circumstances as an aid to the construction of contracts

While there is a divergence in views among courts in Australia as to whether ambiguity remains a prerequisite for the admissibility of...

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In-house privilege - Archer Capital 4A v Sage Group (No 2)

Determining whether legal professional privilege applies to the communications of in-house counsel has traditionally involved the preliminary question as to whether the employed lawyer is...

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Liquidator disclaims - High Court proclaims

The High Court of Australia recently considered two issues relating to a liquidator's power to disclaim a lease granted by the company in liquidation. The first issue was whether a lease is a...

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Will your cartel immunity documents be disclosed to private parties seeking follow-on damages?

The position in Australia and the EU -- The ACCC's Immunity Policy is a crucial tool for detecting illegal cartel conduct by providing incentives for cartel participants to 'blow the whistle' and

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Retail corporate bonds: not yet available at Coles or Woolies

Is your desk bending under the weight of a pile of monotonously similar, simple, clear-concise-and-effective, two-part retail bond prospectuses? No? Before you call your broker, read...

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Watch this space: James Hardie and FMG in the High Court

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...

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Handling confidential, price sensitive information: principles of good practice

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...

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ASIC CP 143 - Experts reports and independence of experts

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...

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Overview of the Short Term Trading Market

The Short Term Trading Market (STTM) is a mandatory wholesale gas market which operates at various hubs,1 initially at the Sydney Hub and the Adelaide...

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High Court says 'no' to mutual trust and confidence

In the highly anticipated decision of Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014), all five members of the High Court of Australia have held that there is no term of...

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Repair, replace or refund? The costly consequences of getting it wrong: the HP case

It is standard practice for a company to have clearly articulated policies about consumer refunds including the circumstances in which the company may seek to repair or replace defective products...

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Conflicted remuneration - final FOFA Regulations released

Regulations made on 28 June 2013 under the Corporations Amendment Regulation 2013 (No.5) (Regulations) have clarified or confirmed significant matters relating to conflicted remuneration under the...

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Exemption from duty for Queensland exploration authorities

Administrative treatment, and transfers under farm-in transactions -- This article summarises Duties Act Public Ruling DA000.12.1, "Transfer duty - exemption for farm-in transactions in the resource

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National access regime - proposals for change

On 25 October 2012, the Productivity Commission (PC) was asked to review the National Access Regime in Part IIIA of the Competition and Consumer Act 2010 to assess its role and efficacy and propose...

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Registered scheme constitutions - ASIC's revised policy

On 5 June 2013 ASIC released its revised policy about the content of registered managed investment scheme (scheme) constitutions: Regulatory Guide 134 Managed Investments: Constitutions...

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ASX Guidance Note 8 on Continuous Disclosure

ASX's new Guidance Note 8: Continuous Disclosure: Listing Rules 3.1 - 3.1B (GN8) became effective on

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The Corporations Legislation Amendment (Remuneration Disclosures and Other Measures) Bill 2012

The Parliamentary Secretary released an Exposure Draft - Corporations Legislation Amendment (Remuneration Disclosures and Other Measures) Bill 2012 and the associated Explanatory Memorandum to the

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Employment review: what's on the horizon for 2013

2012 was a busy year in employment law and workplace relations. With a Federal election to be held this year, it is likely that 2013 will be another eventful...

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Inside information - how 'informative' does it need to be?

In Mansfield v The Queen & Anor; Kizon v The Queen & Anor [2012] HCA 49 the High Court found that, in cases concerning 'insider trading', it is irrelevant whether the information traded on is true

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James Hardie in the High Court

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...

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