991-1000 of 1039 results
Crackdown on offers of stub-equity, the Banking Royal Commission Final Report and other developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues Due to the holiday period this months issue covers developments in December and January and we belatedly wish you a happy 2019 ...
Painting the full picture: certifiers and financiers in projects
A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...
FIRB shines the spotlight on tax issues
The Australian Government has announced that in applying the national interest test to future foreign investment applications it will be requiring investors to satisfy a series of tax compliance and disclosure obligations relating to the tax implications of the proposed investment and the ...
The best interests duties - process or outcome?
Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...
MySuper and promoting the financial interests of MySuper beneficiaries
An examination of a trustees duty to promote the financial interests of its MySuper beneficiaries is it outcomes-based or process-based ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Court accepts market-based causation
Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...
Social benefit bonds - their role in the funding challenge for social infrastructure and services
With the recent Intergenerational Report having further highlighted the need to deliver social outcomes in an efficient way Partners David Donnelly and James Darcy report on the potential role of social benefit bonds in providing social infrastructure and services ...
All but one: Federal Government issues response to FSI report
The Federal Government today released its long-awaited response to the Financial System Inquiry The Government says it has accepted all but one of the Inquirys 44 recommendations released late last year And this is broadly true with the only substantial recommendation to be rejected being the ...
Shareholder activism in Australia
The past few years have seen a dramatic rise in shareholder activism across Europe and the US This trend is now becoming increasingly common in Australia Following an unsuccessful attempt to gain control of the board of ASX-listed Antares Energy Limited by a US-based hedge fund Partner Tim Lester ...