Continuous disclosure remains topical: on Friday the Full Federal Court handed down its decision in Crowley v Worley [2022] FCAFC 33. Against the run of recent cases, the applicant/appellant had a...
On 17 February 2022, the Federal Government introduced into Parliament the next tranche of legislation to modernise business communications within the Treasury portfolio – the aptly named Treasury...
On 10 February 2022, the Australian Senate finally passed the Corporations Amendment (Meetings and Documents) Bill.
On 7 February 2022, the Federal Court handed down the latest Australian first instance decision on continuous disclosure, this time dealing with production guidance provided by Iluka in 2012 – some...
The Takeovers Panel’s decision in AusNet Services Limited 01 [2021] ATP 9 has drawn comment from a number of quarters. In essence, in AusNet the Panel decided that an eight week exclusivity...
There is no doubt that the international competition law landscape is changing. While calls for increased regulation of ‘big tech’ frequently make headlines, there is a broader shift in competition...
Overall, the new s674A will not materially alter the approach that directors should adopt in seeking to have the company comply with its obligations and discharge the directors’ own duties. It is...
On 9 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 finally passed the Senate, with amendments.
On 25 June 2021, Commonwealth Treasury issued an exposure draft of legislation to make permanent reforms to the Corporations Act in relation to electronic execution of documents and online meetings...
With mounting pressure from the regulator and the burden of administrative costs, super funds are making the decision to merge more often than before; at least 28 have taken the step since 2014.
This piece is designed to prompt thoughts of what changes may be required in private M&A documents in order to accommodate and allocate risks relating to COVID-19 and the fallout from this pandemic.
ASIC and ASX have both announced temporary changes to their respective regulatory regimes to facilitate capital raisings for listed entities in response to the economic impact of COVID-19.
Times are changing rapidly with the current flow of Coronavirus measures introduced to support businesses in debt and distress.
The Commonwealth Treasurer exercised emergency powers under the Corporations Act to facilitate virtual meetings and electronic execution of documents by companies.
The JWS Private Treaty M&A dictionary provides clear and simple definitions of many commonly used terms in unregulated sale and purchase transactions in Australia.
A red light from the Australian Competition & Consumer Commission (ACCC) is not necessarily fatal when it comes to seeking approval for mergers but red light Statement of Issues (SOI) are becoming...
Sar Katdare and Andrew Willekes have prepared an easy to use Q&A on merger control in Australia.
Late last year the Australian Securities Exchange (ASX) released its consultation paper “Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules”. After...
The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...
A practical cross-border insight into private equity.
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...
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...
The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...
What are employee incentive plans and why do employers use them?