Insights

Private equity firms now need to consider competition issues for every acquisition

Acquisitions by private equity firms have traditionally sailed below the competition regulator’s radar including because acquisitions have been for a new platform, with no competition issue or have...

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Dual-path M&A recommendation can hurt retail shareholders

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...

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ASIC files another greenwashing case, this time against Active Super trustee

Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.

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ASIC files greenwashing case against Vanguard Investments

ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...

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More red lights, more deals being withdrawn, more time – find out more in our annual Merger Report

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).

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Guardian: the Full Federal Court confirms Part IVA applies on round two of trust distributions

The Commissioner of Taxation (Commissioner) has been actively pursuing the application of the anti-avoidance provisions to trust structures and trust distributions. In the most recent decision, the...

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Private Equity 2020: Virtual Roundtable

Partner Divesh Patel was one of seven international private equity experts that participated in a roundtable discussion on recent trends in the sector.

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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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Insights from the 2019 Global AgInvesting Conference in NYC

Amit Jois reflects on the key takeaways from the 2019 Global AgInvesting conference in NYC

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RCF IV – game changer for the taxation of private equity investment in Australia?

A recent decision has excited debate about the application of Australia’s income tax law to limited partnerships, particularly private equity and venture capital funds.

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Disclosure Relief for Foreign Companies when Raising Capital in Australia

Generally, foreign companies offering securities in Australia need to comply with the prospectus provisions in the Corporations Act 2001 (Cth) (the Act). However, in addition to the normal...

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New FIRB Business Exemption Certificates

There are a number of associated issues and uncertainties regarding a new exemption certificate for business acquisitions by foreign investors (Business EC).

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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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Indirect tax sharing agreements

On 28 June 2010 Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010 (Cth) (the Act) was given Royal Assent. The Act establishes the legislative framework for entities which are...

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