3891-3900 of 4023 results
Decision confirms limits on general meeting shareholder activism
A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...
Amendments reduce compliance burden for ASX-listed NZ companies
ASX has released a number of proposed amendments to the ASX Foreign Exempt Listing Rules that will significantly lower both the ongoing compliance burden and the admission thresholds for New Zealand companies already listed or seeking a listing on ASX Partner Robert Pick Senior Associate Georgie ...
Long-awaited reform to company loss rules
The company loss recoupment rules have been amended to give effect to long-awaited reforms to the continuity of ownership tests This will assist companies that have multiple classes of shares with unequal rights to dividends capital distributions and voting power Partner Martin Fry and Associate Jay ...
Timing is everything: Major shareholders exclusions in D&O insurance policies
A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
Landholder duty risks associated with international transactions surface in Crocodile Gold case
Corporate mergers and acquisitions commonly involve changes to entities that comprise a corporate group the holding of property within that group and the ultimate beneficial ownership of that group Even if those changes occur entirely outside Australia Australian landholder duty may be payable and ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Babcock & Brown - a market disclosure claim decided
The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...