Insights

Creeping acquisitions

Recent amendments to the Competition and Consumer Act 2010 (CCA) are intended to ensure that section 50 of the CCA applies to "creeping acquisitions", and will provide legislative support to the...

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Crescent Gold - an important Panel decision on "association"

In Crescent Gold [2011] ATP 14, the Takeovers Panel has dealt with a thorny takeovers issue, that has has been troubling market participants for over a decade. This decision should be persuasive...

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Personal Property Securities Act (PPSA) to 'go live' on 30 January 2012

After a number of initial delays, the Attorney General has now issued a determination that the PPSA will 'go live' on 30 January 2012. This means that the final countdown has started for you to...

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Mineral and Petroleum Resource Rent Taxes Update

The Government appointed a Policy Transition Group (PTG) to develop the detailed technical design of the new taxes. The PTG provided its report to Government in December 2010, making...

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Taxation treatment of earn out rights

As part of the Commonwealth Budget 2010-11, the Assistant Treasurer announced the Government...s intention to enact legislation to apply a ...look-through... capital gains tax (CGT) treatment for...

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South Australia security of payment legislation

In the August 2010 edition of Acumen, we outlined the key features of the new Building and Construction Industry Security of Payment Act 2009 (SA). It was anticipated that the Act would come into...

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Proposed Amendments to UK Takeover Code - April 2011

As foreshadowed in the December 2010 edition of Acumen, on 21 March 2011 the UK Takeover Panel Code Committee issued a Consultation Paper on a number of proposed amendments to The Takeover Code...

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The Fortescue decision in the Full Federal Court

ASIC's victory in the Full Federal Court in ASIC v Fortescue1 fell short of being resounding. Two of the judges (Keane CJ and Emmett J) queried whether it was worth ASIC's effort given there was no

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Going above and beyond: s 439A report leads to removal of liquidators

In Independent Cement and Lime Pty Ltd v Brick and Block Company Ltd (in liquidation) (receivers & managers appointed) [2010] FCA 352, Justice Finkelstein considered the duty of voluntary...

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