Bidders and targets must exercise caution in securing shareholder support over more than 20 per cent of target shares for bids and schemes, as ASIC continues its clamp down on shareholder intention statements and prepares to issue new guidance on 'truth in takeovers' ...

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...

The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...

In April, we reported on Jeremy Lee being granted permission to appeal after he was dismissed for refusing to use a biometric scanner in the workplace. The Full Bench of the Fair Work Commission has since decided the dismissal was unfair. ...

In his recent address to the RBB Economics Forum, ACCC Chairman Rod Sims identified a number of key focus areas for the regulator. The Chairman offered valuable insight into potential future developments in the competition and consumer law space, including the ACCC's approach to mergers, the possible introduction of a prohibition against unfair trading practices, and further scrutiny of the agricultural sector. We explore the impact of the ACCC's agenda on the food and beverage sector. ...

Companies should seek to make the most of their intangible assets. One way to do this is to use intellectual property assets as collateral to access funding. IP-rich businesses, SMEs and start-ups should keep this potential avenue in mind. ...

New, wide-reaching requirements for government procurement processes have recently been implemented around Australia, following the ratification of the Trans-Pacific Partnership and other Free Trade Agreements with Australia's key trading partners. ...

Commissioner Hayne's recommendations may initially seem somewhat modest – they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. ...

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in their application and enforcement. ...