Insights

Nominating an independent expert - is your dispute resolution clause still effective?

Many commercial contracts provide for an independent expert to resolve disputes of a financial nature. In drafting these dispute resolution clauses it is common to provide that if the parties...

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Proposed ASX Listing Rule amendments facilitating accelerated rights issues

In January 2011, ASX issued a consultation paper and exposure draft containing proposed listing rule amendments to facilitate commonly used forms of rights issues known as ...accelerated offers...

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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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Corporations Amendment Submission

In our December 2010 issue of Acumen, we published an article summarising the Exposure Draft - Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 and...

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Insights from the James Hardie appeals

The decisions of the New South Wales Court of Appeal in Morley & Others v ASIC [2010] NSWCA 331 (Morley) and James Hardie Industries NV v ASIC [2010] NSWCA 332 (JHINV) are perhaps not as...

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Parliamentary secretary flags reforms to executive remuneration

In a speech to the Australasian Investor Relations Association Conference on 26 November 2010, Parliamentary Secretary to the Treasurer, David Bradbury indicated that he proposed "in the coming...

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ACCC power to prosecute anti-competitive price signalling

On 12 December 2010, the Government announced that it will introduce legislative reforms to promote a competitive and sustainable banking system in Australia. As part of the reform package, the...

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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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Executive remuneration Exposure Draft Bill and Discussion Paper

On 20 December 2010, the Parliamentary Secretary to the Treasurer released an Exposure Draft Bill dealing primarily with remuneration, along with a discussion paper on a proposal to clawback...

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Online voting without a proxy

Online voting by shareholders without a proxy form has become more and more popular in the last few years. Large companies such as Telstra, Commonwealth Bank and Wesfarmers have put in place...

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