The High Court will soon rule on two key corporate and securities law decisions. In each case, Acumen has reported on the lower Court decisions...
At the conclusion of the 2010 "AGM Season" we conducted a survey of the business of
ASIC has issued Consultation Paper 143: Expert reports and independence of experts: Update to RG111 and RG112. In CP143 ASIC proposes changes to its two regulatory guides dealing with content of...
Chartered Secretaries Australia and the Australasian Investor Relations Association have issued guidance on handling confidential, price-sensitive information. This is in response to ASIC's...
The Short Term Trading Market (STTM) is a mandatory wholesale gas market which operates at various hubs,1 initially at the Sydney Hub and the Adelaide...
In the highly anticipated decision of Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014), all five members of the High Court of Australia have held that there is no term of...
It is standard practice for a company to have clearly articulated policies about consumer refunds including the circumstances in which the company may seek to repair or replace defective products...
Regulations made on 28 June 2013 under the Corporations Amendment Regulation 2013 (No.5) (Regulations) have clarified or confirmed significant matters relating to conflicted remuneration under the...
Administrative treatment, and transfers under farm-in transactions -- This article summarises Duties Act Public Ruling DA000.12.1, "Transfer duty - exemption for farm-in transactions in the resource
On 25 October 2012, the Productivity Commission (PC) was asked to review the National Access Regime in Part IIIA of the Competition and Consumer Act 2010 to assess its role and efficacy and propose...
On 5 June 2013 ASIC released its revised policy about the content of registered managed investment scheme (scheme) constitutions: Regulatory Guide 134 Managed Investments: Constitutions...
The decision of the High Court in the James Hardie litigation has important implications for non-executive directors (and those who advise them), for general counsel, company secretaries and others...
Recent cases demonstrate that companies should immediately perform a comprehensive audit of trade practices compliance programs to ensure they are up to date, effectively implemented and well...
While there has been much press that the Centro decision has lifted the bar in relation to directors actively examining and questioning information contained in financial statements rather than...
The PPSA is a fundamental overhaul of the existing regime for taking and granting security over personal property (excluding land). The changes will affect nearly all businesses, particularly...
The decision in Ross Human Directions [2010] ATP 8 is not a "game changer" when it comes to deal protection in M&A transactions, but it does provide some fairly clear guidance to advisers
The UK Takeover Panel has recently issued a response statement in relation to consultation on proposed amendments to the UK Takeover...
On 21 September the Takeovers Panel issued Guidance Note 22: "Recommendations and Undervalue Statements". This followed consultation on a draft guidance note in April this year, and response...
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...
The Corporations Amendment (No. 1) Act received the Royal assent on 24 November 2010, and is awaiting...
The ACCC has recently refined its merger review practice to increase the transparency of the informal review process. ACCC staff will now provide merger parties with detailed guidance, in writing...