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If in doubt, get the whitewash out
Insight 11 Oct 2019

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. ...

ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
Insight 15 Nov 2019

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. ...

Dealing with data: emerging trends in M&A transactions
Insight 27 Nov 2019

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 wait is over: Equator Principles 4 is here
Insight 25 Nov 2019

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. ...

Investa Land business attracts foreign investor
News 17 Nov 2015

Allens has acted for Morgan Stanley Real Estate Investing and Investa Property Group on the sale of the Investa Land business to Proprium Capital Partners. The deal comprises 11 residential and ...

Allens advises Archer Capital on sale of Healthe Care
News 08 Dec 2015

Allens has advised Archer Capital on its proposed divestment of private hospital business Healthe Care to China's Luye Medical Group. Healthe Care is Australia's third largest private hospital ...

Allens appoints new Brisbane partner
News 27 Jan 2016

Allens has appointed Franki Ganter to partnership of the firm joining the corporate team in the Brisbane office. ...

Allens advises M2 Group on major trans-Tasman acquisition
News 23 Apr 2015

Allens has advised Australian ASX-listed company M2 Group Ltd on its full acquisition of New Zealand's third largest internet service provider for A$245 million. The deal will see M2 Group purchase ...

Confirmation of FATCA Status of Australian Superannuation Funds
Insight 16 May 2014

The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...

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