MAC conditions have long been a feature of managing completion risk in public M&A transactions in Australia—utilising triggers based on either or both quantitative and qualitative measures. However, in 2022 ASIC published its concerns on the formulation of these conditions and, in particular, its expectation that MAC conditions include objective and 'quantifiable' triggers. ...

We examine the progress of new and existing rule change requests to the AEMC across July. We take a closer look at the AEMC's draft framework to apply an emissions reduction component to its rule-making and review processes in line with proposed changes to the national energy objectives. ...

Three important IP cases are now before the High Court of Australia. They cover a range of key issues and have the potential to clarify Australian law in some key respects, and may have a significant impact on creators and innovators, as well as users of IP. ...

It is now accepted that ESG risks need to be taken into account in the same way as any other investment-related risk for superannuation trustees, fund managers and institutional investors when developing and implementing their investment strategies (and in making individual investment decisions). ...

Updates to the State code 23: Wind farm development (proposed Code) and associated Planning Guidance (proposed Guidance) were released for public consultation on 7 August 2023. Submissions close on 4 September 2023. ...

Two recent decisions - Hornsby Shire Council v Commonwealth; and Landcom v Commissioner of Taxation - have rejected constitutional challenges to the notional goods and services tax (GST) voluntarily paid by the Commonwealth, states, local councils and statutory authorities. ...

Given the tight timeframes proposed, APRA regulated entities should begin to review their operational risk management processes and arrangements against draft CPS 230 – see our practical implementation guide here. ...

Operational risk has been a headline issue in the superannuation, insurance and banking industries over recent years, so it is no surprise to see APRA sharpening its focus on operational resilience with the release of a new draft prudential standard, CPS 230. In this Insight we provide an overview of CPS 230 and what it will mean for you. ...

Federal Treasury has released exposure draft legislation and explanatory materials for a major suite of proposed reforms to unfair contract terms law, which will put a heavy burden on businesses. The Government is seeking feedback on the changes, with responses due by 20 September 2021. ...

We have outlined the exposure draft regulations and our take on the implications for the super industry if they are made as proposed. ...