41-50 of 261 results
Swaps over choppy waters: deal contingent derivatives provide certainty in uncertain times
In this Insight, we examine deal contingent derivatives, with a particular focus on their benefits over other financial risk mitigation tools such as swaptions and forward starting swaps. ...
The pitfalls of pre-emptive rights
In this Insight, we consider an alternative approach that may better balance the rights of selling and non-selling investors where a pre-emptive right remains appropriate. ...
Is two better than one? A look at dual scheme of arrangement and takeover bid structures
The recent contest for control of Nitro Software Limited has thrust the strategy of concurrent scheme of arrangement and 'fall back' takeover bid structures back into the spotlight. We unpack it in our insight. ...
Quality of Advice Review final report - a snapshot
We provide an overview of the recommendations and implications for industry. If fully implemented, the changes would be the most radical overhaul of the financial advice laws since FoFA. ...
Sovereign wealth funds and capital call facilities – the issues to consider
We set out the legal principles around state immunity and also outline the rules in Australia regarding immunity from jurisdiction and immunity from enforcement as they relate to Sovereign wealth funds and capital call facilities. ...
Best practice ESG due diligence for energy investments
This Insight explores proven ways dealmakers can close energy deals efficiently, while maximising value creation and managing ESG risks. ...
A success for successor fund transfers – court finds that secret commission offence provisions do not apply
A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...
Earn-out consideration under a scheme of arrangement – the art of the possible
The recent acquisition of an unlisted public company Crestone Holdings Limited has established a new market precedent involving the use of earn out consideration under a scheme of arrangement. ...
Recent industry guidance for fund managers on climate risk disclosure
Fund managers should take note of recent guidance published by the Financial Services Council, which provides a set of baseline expectations for the investment management industry's approach to making net zero targets, ESG product labelling and other climate risk disclosure considerations. ...
Major changes proposed to financial advice regime
Treasury has released a further consultation paper as part of the Quality of Advice Review, seeking feedback on interim proposals for changes to the regulatory regime governing financial advice. ...