The past year has undoubtedly been challenging for companies in the lithium, rare earth and critical minerals sectors. To provide some context, lithium carbonate, lithium hydroxide and spodumene...
Recent cases have highlighted whether an ASX-listed entity must make a market disclosure to the ASX if it receives a confidential compulsory investigation notice under section 155 of the...
In recent years, several cases have involved a party seeking preliminary discovery against another party to determine whether to commence proceedings against that party for conduct that breaches...
As Australia debates reforms to non-compete clauses, the implications for venture capital (VC) and private equity (PE) firms are significant, particularly regarding business sales and funding...
Usually who serves on the board of a listed company is a matter for the company itself and others, including the courts, only rarely intervene. That’s why the Takeovers Panel’s order requiring...
A Concise Statement released by the Office of the Australian Information Commissioner (OAIC) this week provides important insights into the OAIC’s security expectations in relation to large...
Despite macroeconomic uncertainty and a slowdown in leveraged buyouts, M&A activity continues to play a critical role in unlocking value in the tech industry. In this article, we discuss four key...
Many growth-stage companies – particularly in the technology and resources sectors – have contemplated changing their jurisdiction of incorporation from Australia to elsewhere.
The ASX is likely to introduce a series of new measures in 2024 aimed at streamlining aspects of the IPO listing process, as outlined in a recent adviser briefing.
“It’s fine to celebrate success, but it is more important to heed the lessons of failure.”
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...
In its first review of a merger authorisation application since the current regime came into effect in 2017, the Australian Competition Tribunal (Tribunal) has upheld the Australian Competition and...
High Court of Australia expands concept of a “benefit” for civil penalty and criminal sentencing principles – larger corporate penalties are on the way!
The past few weeks have been exceptionally busy from an international tax perspective, with the Government making headway on a number of its tax integrity and enhanced tax transparency measures.
Five weeks after Treasury’s release of exposure draft legislation to amend the thin capitalisation rules, as announced in 2023 Federal Budget (Exposure Draft), the Treasury Laws Amendment (Making...
A decision which insolvency practitioners will welcome in, Cathro, in the matter of Cubic Interiors NSW Pty Ltd (In Liq) [2023] FCA 694, the Federal Court clarified that s588FL of the Corporations...
On 23 June 2023, Treasury released further draft legislation to deny deductions for payments by Significant Global Entities (SGEs) relating to intangible assets connected with low corporate tax...
The Australian Government has finally re-enacted a Bill to reform important parts of Australia’s foreign bribery laws, many years after the Australian Senate and numerous parliamentary committees...
‘No-poach’ or ‘non-compete’ clauses are used widely by Australian companies to prevent the leakage and misuse of employer’s information and loss of key client and supplier relationships. Companies...
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).
On 10 December 2022, the Corporations Amendment (Litigation Funding) Regulations 2022 (Cth) (Regulations) came into effect. In summary, the regulations bring the status of litigation funding...
From 1 October, we expect to see significant changes in the way that companies offer equity to their Australian personnel. For many businesses, new rules in the Corporations Act significantly...
The long-awaited changes to the Corporations Act’s disclosure rules and related requirements for employee share schemes have become law.
Australia’s new offshore electricity infrastructure legislative framework goes live on 2 June 2022. Regulations are close to being finalised and Victoria is the first state to announce a large...
On 23 February 2022 the European Union (EU) released its long-anticipated draft EU Directive on Corporate Sustainable Due Diligence, also known as the mandatory human rights and environmental due...