A recent court decision has made clear that limited partners of an unincorporated limited partnership are liable for certain tax liabilities of the
As foreshadowed by Lord Acton, the battle of people versus the banks is well upon us. And it seems the good money is with the
On 5 December 2012, the High Court of Australia gave its judgment in Commissioner of Taxation v Consolidated Media Holdings Ltd...
The High Court's recent decision in Fortescue Metals Group did not, as some had hoped, clarify the materiality threshold for continuous disclosure one way or the
Under the Federal Government's Significant Investor Visa initiative, a visa may now be obtained by an investor of $5 million in certain complying Australian investments if the investor meets...
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...
Dispute resolution clauses in contracts often include an expert determination mechanism to resolve some or all disputes that might arise. Parties need to think about whether expert determination is
On 18 September 2012, the Australian Securities and Investments Commission released Regulatory Guide 240 "Hedge funds: Improving
On 23 August 2012, the Commonwealth Treasury released, for consultation, an exposure package consisting of draft legislation and accompanying draft explanatory memorandum in respect of the...
In April 2012, ASX issued a consultation paper proposing amendments to the ASX Listing Rules impacting on mid to small cap listed entities - that is, entities with a market capitalisation of...
A 3 year non-solicitation clause with a liquidated damages provision has been enforced against a former employee of an accounting firm on appeal to the Supreme Court of Victoria. The decision
International arbitration is an increasingly popular means of resolving disputes in contracts involving cross-border commercial transactions, primarily due to the ease with which arbitral awards...
The following attachments provide a useful summary on key issues to consider in connection to the Building and Construction Industry Security of Payment Act
ASIC is increasingly requiring offer documents for particular types of products to include disclosure on particular benchmarks. While this may, in some cases, result in improved disclosure, the
The automotive parts industry is subject to one of the largest global cartel investigations in recent history by the DOJ, CCB, DG Comp and JFTC. It is possible, if not likely, that other antitrust
The Personal Property Securities Act (PPSA) took effect throughout Australia on 30 January 2012. The PPSA can alter your rights to property and the way in which various types of contracts will be...
In this article, we discuss the potential for major shareholders to come together to make a joint bid without having to put their stakes at risk with a condition requiring them to "match or accept...
We previously reported on proposed amendments to the ASX Listing Rules to require an applicant for ASX Listing to satisfy ASX that its directors or proposed directors at the date of listing are of...
The Queensland Government announced in its Mid Year Fiscal and Economic Review (State Budget 2011-12) released on 13 January 2012 the stamp duty changes to the imposition of duty on direct and...
On 30 November 2011, the full bench of the Federal Court dismissed the ACCC's appeal against the primary judge...s ruling that the acquisition of Franklins by Metcash will not result in a...
On 10 November 2011, ASIC issued Regulatory Guide 228: Prospectuses: Effective disclosure for retail investors (RG 228) following extensive industry consultation. In this update, we summarise the...
The Federal Court has recently stopped a company from selling "look alike" coffee plungers. Has there been a change in the law? No, there hasn't, but the decision in this case provides important
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...
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...