Recent news & publications
Date: 03 Oct 2017
In our Safe Harbour Wheelhouse publication series we will consider how the new laws are likely to play out and impact key stakeholders once companies begin relying on the new provisions in months and years to come. In this first update, we look at some of the issues that directors and unsecured creditors will need to consider given the Corporations Act’s silence about whether or not a restructure plan should be disclosed to creditors.
Date: 29 Sep 2017
After months of anticipation, speculation and some controversy, the Turnbull government’s crowd-sourced funding (CSF) regime for unlisted public companies came into effect today, 29 September 2017.
Date: 22 Sep 2017
What do investors consider most closely when evaluating an opportunity to invest in an initial public offering (IPO)? Do institutional and retail investors place different weight on different sources of information? How well do retail investors really understand prospectuses?
Insolvent trading - safe harbour is on the way but what should directors do today if faced with financial difficulty?
Date: 09 Aug 2017
The July 2017 edition of the Financial Services Newsletter (a LexisNexis publication) contains an article by John Stragalinos entitled ‘Insolvent trading – safe harbour is on the way but what should directors do today if faced with financial difficulty?’
Date: 03 Aug 2017
For many early stage and fast growth companies, the most (or only) valuable asset is their intellectual property (IP). IP encompasses various rights such as patents, trade marks, copyright, designs and trade secrets, and is often what gives a company an edge over its competitors.
Date: 03 Aug 2017
Investor roadshows are frequently rolled out by various companies, from start-ups to well-established corporates in need of funding. Naturally, every company will want to put its best foot forward and present as compelling a case as possible to attract investors to their business.
Date: 24 Jul 2017
The concept of ‘board evaluation’ covers everything from a director having a quiet chat with the Chairman to detailed questionnaires and interviews with an external facilitator. Some boards and directors shy away from it, or only undertake it at a surface level. But when handled in the right way, board evaluation is an important piece of ‘kit’ in an organisation’s strategic tool bag.
Date: 16 Jun 2017
A recent decision of the Federal Court of Australia provides a window into the figurative mind of the court when considering whether to approve an application to convene a shareholders meeting to approve a Scheme of Arrangement.
Date: 18 May 2017
On 11 May 2017, Federal Parliament passed the Personal Property Securities Amendment (PPS Leases) Bill 2017 (PPS Amendment) following its introduction on 1 March this year.
Date: 03 May 2017
The Takeovers Panel regulates the conduct of takeovers in Australia, as its title obviously suggests. But the Panel’s recent consideration of a Rights Issue undertaken by MEC Resources Limited (MEC Resources) illustrates the Panel’s role in reviewing broader matters – specifically, capital raising transactions which could affect control in a company.
Date: 06 Apr 2017
Australia’s current insolvent trading laws and lack of protection against ‘ipso facto’ clauses can make certain restructurings and workouts far more difficult than they need to be.
Date: 29 Mar 2017
The Turnbull government’s crowd-sourced funding bill has passed through the Senate, introducing a regulatory framework for crowd-sourced equity funding in Australia.
Date: 16 Feb 2017
The growth in internet usage, connectivity, the Internet of Things and the uptake in emerging mobile technologies in today’s world bring risks. Businesses are collecting and holding vast and increasing amounts of personal information electronically, and they are sharing this information with more and more partners, suppliers and contractors, both in Australia and globally.
Date: 06 Feb 2017
Privacy officers have awaited a decision handed down last month by the Full Federal Court, eager to see how the Court would interpret the meaning of “personal information” and in particular whether (and when) metadata would be personal information of an individual.