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Financial services regulation update (November edition)
Covered in this webinar: The significant reforms to Australia's merger control regime likely coming into effect from 1 January 2026. What will the new regime look like? Which types of deals are likely to be caught? What practical issues should be considered before the new regime comes into effect? APRA's increasing scrutiny of expenditure by superannuation trustees. What are APRA's areas of likely focus for surveillance and enforcement action? What are the expenditure requirements in the new SPS 515? What practical steps can trustees take to prepare? ...
Terminating M&A deals for material adverse change
In October 2024, the English Commercial Court delivered an important decision in BM Brazil concerning the ability of a buyer to rely on a material adverse change (MAC) condition to terminate an M&A deal. ...
APRA increasing scrutiny of expenditure by superannuation trustees
In this Insight, we highlight what APRA plans to do over the coming 12 months through surveillance and enforcement action and areas of its likely focus, and then set out practical steps trustees can take now to prepare for increased scrutiny and possible enforcement action from APRA. ...
National Transfer Pricing Conference: Intragroup financing — More than just whether the price is right
Toby Knight, Anna Sartori and Gidon Waller have published a paper examining the application of transfer pricing, the debt deduction creation rules (DDCR), the new thin capitalisation rules and the general anti-avoidance rule (GAAR) to intragroup financing arrangements. ...
The impact of Australia's proposed new merger laws on takeover bid tactics and strategies
In this Insight we delve into some of the practical implications of these new rules for takeovers of listed companies in Australia, particularly those bids which do not raise any competition concerns, and which currently don't require any ACCC approval. ...
Merger reform legislation: complex process risks capturing more transactions than intended
Yesterday, the Federal Government introduced the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (the Bill) to the Parliament, marking a significant shift in Australia's merger reg ...
Activist shareholders are becoming more efficient, more sophisticated and better resourced
Shareholder activists are increasingly using novel tactics to influence the strategies of companies. While campaigns continue to focus on the full spectrum of key issues like M&A activity, busines ...
Overview of state and territory Budgets 2024–25
Budgets for 2024-25 have now been delivered in all Australian jurisdictions. Two common themes are incremental increases to existing taxes, and 'cost of living' tax relief. We examine the Budget announcements that will be relevant to business and industry. ...
The future of mergers in Australia
Australia's merger regime is set for a major overhaul, with reforms coming into effect for deals closing or completing on or after 1 January 2026, impacting transaction timelines from mid-2025. These changes will introduce a single mandatory and suspensory administrative process, replacing the current framework. ...
Evolving litigation landscape: recent ESG disputes trends
In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...


