Insights

2016 AGM Season Survey Results

At the conclusion of the 2016 AGM season, we conducted our annual survey of remuneration report voting for S&P/ASX 1001entities.

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Mergers & Acquisitions Review 2013

Mergers & Acquisitions Review 2013

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Proposed update to ASX corporate governance guidelines

On 16 August 2013, the ASX released two consultation papers in relation to its Corporate Governance guidelines: one, proposing updates to the Corporate Governance Principles & Recommendations; and...

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Foreign Bribery Update - November 2012

The US Department of Justice and the Securities & Exchange Commission last week issued their long-awaited Resources Guide to foreign bribery, investigations and prosecutions under the US Foreign...

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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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Watch this space: James Hardie and FMG in the High Court

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...

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ASX concept release - SME, mid-cap and micro-cap equity market review

On 21 March 2011, ASX issued a "Concept Release" as part of ASX's SME, Mid-Cap and Micro-Cap Equity Market Review. The Review is seeking to question whether ASX's "one size fits all" approach to...

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FOFA - wholesale v retail Options Paper

In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (FOFA) project.The paper floats a number of options for a...

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Comments on Proposed ASX Listing Rules Amendments

JWS made a submission to ASX commenting on the consultation paper and exposure draft relating to proposed amendments to the ASX Listing...

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FOFA: Wholesale v Retail Options Paper

In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (or FOFA...

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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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ASIC CP 143 - Experts reports and independence of experts

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...

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Handling confidential, price sensitive information: principles of good practice

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...

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2012 AGM Season Survey Results

At the conclusion of the 2012 AGM season, we conducted a survey of the business of AGMs of ASX listed companies in 2012 on a similar basis to our surveys of the 2010 and 2011 AGM...

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ASIC v Forrest and Fortescue [2012] HCA 39 in the High Court

ASIC's action against Andrew Forrest and Fortescue Metals Group (FMG) is now over. The result in the High Court was an emphatic victory for Forrest and FMG after 6 years of hard fought...

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CAMAC discussion paper on The AGM and Shareholder Engagement

The Companies and Markets Advisory Committee recently issued a Discussion Paper on The AGM and Shareholder Engagement, following a reference from the Parliamentary Secretary to the Treasurer in...

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James Hardie in the High Court

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...

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Treasury proposed amendments to dividend provisions

On 28 November 2011, Treasury issued a Discussion Paper in response to, among other things, concerns about the new dividend provisions inserted into the Corporations Act by the Corporations

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Dividend franking - current year profits and accumulated losses

On 21 June, the Australian Tax Office (ATO) issued two draft 'fact sheets' relating to the taxation of the payment of dividends. This follows amendments to section 254T of the Corporations Act...

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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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Revised ASIC guidance on related party transactions and experts

On 30 March 2011, the Australian Securities and Investments Commission issued updated Regulatory Guides on Related party transactions (RG 76), Content of expert reports (RG 111) and Independence of...

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Consultation Paper 155: ASIC'S proposed new guidance on prospectuses

On 12 April ASIC issued a Consultation Paper and draft Regulatory Guide concerning new proposals to give guidance on the ...clear, concise and effective... requirement for prospectuses, as well as...

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