The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

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. ...

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...

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. ...

Headquartered in Toronto, CPPIB is a global investment manager with a diversified portfolio of infrastructure assets, public equities, private equities, real estate and fixed income instruments. ...

The partnership between Cerberus and the Axsesstoday management team is Cerberus' second successful acquisition in Australia. In 2018, it acquired Bluestone Group's Australasian mortgage lending an ...

The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...