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?
Date: 14 Sep 2017
When shareholders in a company fall out, they sometimes allege that the company’s affairs have been managed in an unfair or oppressive way. Parties to a joint venture gone sour, warring directors, or families mired in disputes over the direction, management, succession and future control of a business are the typical parties to a shareholder dispute, commonly known as an ‘oppression proceeding’.
Date: 13 Sep 2017
An Australian business might contemplate litigation against an overseas party for a wide variety of reasons, such as a claim arising from a breach of contract with a foreign-based supplier or manufacturer.
Date: 08 Sep 2017
All businesses should be reviewing the way they manage the risk of underpayment and worker exploitation as the Federal Government’s reforms to protect vulnerable workers are about to take effect.
Date: 30 Aug 2017
When a lease is being negotiated, landlords and tenants often pay little attention to the ‘make good’ provisions in the lease. As these clauses relate to what the tenant must do at the expiry or earlier termination of the lease, they are often glossed over as something that can be dealt with later.
Date: 25 Aug 2017
In November 2014, Mr Nyoni commenced an application in the Federal Court of Australia seeking compensation and injunctive relief on the basis of the alleged conduct of the Pharmacy Board of Australia and the Australian Health Practitioner Regulation Agency (Respondents).
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: 08 Aug 2017
Electronic conveyancing commenced in NSW in 2013, allowing (but not requiring) lenders to electronically lodge mortgages and discharges of mortgages through Property Exchange Australia (PEXA).
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: 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: 28 Jul 2017
In New South Wales, the process for resolving a retail tenancy dispute is primarily governed by the Retail Leases Act 1994 (NSW) (RLA), which sets out the rights and obligations of the parties in resolving retail tenancy disputes, as well as the processes that must be followed.
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: 13 Jul 2017
As part of its four year review of modern awards, the Fair Work Commission has decided to insert a ‘casual conversion’ clause into most modern awards that do not already have conversion clauses in place.
Date: 06 Jul 2017
The Maviglia case involved property in New South Wales where the registered proprietor was a trustee company in liquidation. The mortgagee, Perpetual Limited, had taken possession of the property after exercising its right to self-help.
Date: 30 Jun 2017
Key changes affecting Australian workplaces are about to take effect, impacting minimum wages, unfair dismissal, penalties for breaches of the Fair Work Act 2009 (Cth) (Fair Work Act) and superannuation contributions.
Date: 28 Jun 2017
As every landlord and tenant will know, disputes about a lease can arise for a wide variety of reasons. When a dispute relates to a retail lease in Victoria, the Retail Leases Act 2003 (Vic) (RLA) requires the dispute to be brought to the Victorian Small Business Commissioner (Commissioner) before it can be accepted by the Victorian Civil and Administrative Tribunal.
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: 08 Jun 2017
There are numerous examples of the unquestionable value that can come from developing and protecting a brand with a well-thought-out brand strategy – just think of what Nike has achieved with its iconic ‘swoosh’, or McDonalds with its famous ‘golden arches’.
Date: 07 Jun 2017
The employer involved in this case had commenced a misconduct investigation focusing on one of its workers. After that investigation was commenced, the worker filed a ‘stop bullying’ application under section 798FC of the Fair Work Act 2009 (Cth).
Date: 31 May 2017
As we have explored previously, careless drafting of legal documents can have significant consequences, particularly when those documents come under the microscope in litigation.