The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...

This Insight examines the latest developments in corporate law ...

The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...

Data remains one of the most undervalued assets, with most companies still failing to even include it as an asset on their balance sheet. Buyers and sellers who can recognise data assets and properly demonstrate how value can be extracted from them will be best placed for future M&A transactions. ...

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

This Insight considers recent developments in Corporate Law. ...

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

There is more M&A activity in data across all sectors, and data opportunities and risks are impacting headline price, post-completion deal value and risk-allocation profile of investments and M&A transactions. For both buyers and sellers, this playbook helps in-house counsel and dealmakers navigate the data issues that arise in the context of mergers, acquisitions, demergers and investments to maximise the value in these transactions. ...

A parliamentary inquiry has been announced into whether Australia should introduce a legislation authorising the government to impose sanctions against gross human right abusers. ...

In his recent address to the RBB Economics Forum, ACCC Chairman Rod Sims identified a number of key focus areas for the regulator. The Chairman offered valuable insight into potential future developments in the competition and consumer law space, including the ACCC's approach to mergers, the possible introduction of a prohibition against unfair trading practices, and further scrutiny of the agricultural sector. We explore the impact of the ACCC's agenda on the food and beverage sector. ...