Insights

Practical Law Guide: Investing in Australia

A Q&A guide to investing in Australia.

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Data control conditions for foreign investment approvals in Australia

Recent decisions by the Treasurer of Australia indicate a growing trend towards the imposition of data control conditions in connection with foreign investment approvals. Investors should allow for...

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Security for payment in scrip transactions: a viable option in Australia?

How can novel structuring and proper care achieve security for payment in scrip transactions?

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Australia’s media reform and its impact on M&A activity

On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...

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Reform of Part 5.8A and the Fair Entitlements Guarantee Scheme

New draft legislation will potentially reform the Corporations Act to curb misuse of the Fair Entitlements Guarantee (FEG), which often leads to the cost of employee entitlements being shifted to...

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The new safe harbour insolvency laws – basics for directors and commercial contracting

The amendments to the Corporations Act1 to broaden the ‘safe harbours’ for directors on an insolvency were passed by Parliament on 12 September 20172 and are awaiting a date for commencement.

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Insolvency law reform – stay on enforcement of ipso facto clauses

On 12 September 2017, some of the most significant reforms of Australia’s corporate insolvency laws in recent years were passed by both Houses of the Australian Federal Parliament. These reforms...

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Merger with benefits: Lessons from the Tabcorp/Tatts case

The Australian Competition Tribunal has given competition approval for the $11bn merger of Tabcorp and Tatts. Although the Tribunal was the first instance decision maker in this case, under...

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Likely new corporate offence of failing to prevent foreign bribery

All companies, however large or small, will need to comply with these proposed laws when (rather than if) they are enacted.

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Foreign Bribery Update 2016: May

Important developments in Australia and overseas in foreign bribery policy, investigations and regulation to 20 May 2016, including international the role of intermediaries in Unaoil and the Panama...

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Continuous Disclosure Shareholder Class Actions in Australia

Shareholder class actions for alleged breaches of a listed company’s continuous disclosure obligations are an established part of the Australian legal landscape with more than 50 shareholder class...

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JWS Private Treaty M&A dictionary

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.

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Australia’s foreign investment laws: a guide for foreign investors and their counsel

When a transaction with a direct or indirect connection to Australia is proposed, foreign investors and their counsel should consider whether notification is required or advisable.

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Retail corporate bonds: not yet available at Coles or Woolies

Is your desk bending under the weight of a pile of monotonously similar, simple, clear-concise-and-effective, two-part retail bond prospectuses? No? Before you call your broker, read on.

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Corporations (Sons of Gwalia) Bill 2010

The Corporations (Sons of Gwalia) Bill was passed by Parliament on 26 November 2010, an awaits Royal assent.

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Handling confidential, price sensitive information: principles of good practice

In response to ASIC consultation, guidance has been issued on handling confidential, price-sensitive information.

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STOP PRESS: James Hardie appeal decisions

On Friday, 17 December 2010, the New South Wales Court of Appeal handed down its decisions in the James Hardie appeals.

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Corporations Amendment (No. 1) Act 2010

The Corporations Amendment (No. 1) Act received the Royal assent on 24 November 2010, and is awaiting proclamation.

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Executive remuneration Exposure Draft Bill and Discussion Paper

For a recently-released Discussion Paper and Exposure Draft Bill, the devil is in the detail.

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