Insights

Sweating the small stuff - big penalties for misleading consumers

Recent cases demonstrate that companies should immediately perform a comprehensive audit of trade practices compliance programs to ensure they are up to date, effectively implemented and well...

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The Centro decision - ASIC v Healey & Ors [2011] FCA 717

While there has been much press that the Centro decision has lifted the bar in relation to directors actively examining and questioning information contained in financial statements rather than...

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The Personal Property Securities Act (PPSA) - key implications for manufacturers and wholesalers

The PPSA is a fundamental overhaul of the existing regime for taking and granting security over personal property (excluding land). The changes will affect nearly all businesses, particularly...

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2010 JWS AGM season survey results

At the conclusion of the 2010 "AGM Season" we conducted a survey of the business of

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Panel case on deal protection - Ross Human Directions

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

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Proposed amendments to UK Takeover Code - December 2010

The UK Takeover Panel has recently issued a response statement in relation to consultation on proposed amendments to the UK Takeover...

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Takeovers Panel issues guidance on 'recommendations and undervalue statements'

On 21 September the Takeovers Panel issued Guidance Note 22: "Recommendations and Undervalue Statements". This followed consultation on a draft guidance note in April this year, and response...

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Corporations (Sons of Gwalia) Bill 2010

The Corporations (Sons of Gwalia) Bill was passed by Parliament on 26 November 2010, an awaits Royal assent. The Bill will reverse the effect of the Sons of Gwalia Case by subordinating the claims...

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Corporations Amendment (No. 1) Act 2010

The Corporations Amendment (No. 1) Act received the Royal assent on 24 November 2010, and is awaiting...

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Greater transparency in the ACCC's merger review process

The ACCC has recently refined its merger review practice to increase the transparency of the informal review process. ACCC staff will now provide merger parties with detailed guidance, in writing...

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