171-180 of 1133 results
Is a change (to a stapled structure) as good as a (tax) holiday?
In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...
A success for successor fund transfers – court finds that secret commission offence provisions do not apply
A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...
Class action risk: interim update
Filings are down, but impact too early to call. 2022 is shaping up as the year that bucks a number of long-running class action trends. Filings are materially down on prior years, and the claims that have been filed are somewhat at odds with recent trends. ...
A step into the breach – will the Optus incident give rise to more data breach class actions?
Within days of Optus revealing it had suffered a major cyber incident, two major plaintiff class actions firms announced investigations into potential class action claims. ...
M&A trends in the manufacturing and industrials sectors: green manufacturing, investment in technology and industrial real estate
Following our recent Insight on the key M&A trends in the food and beverages sector, we turn to the manufacturing and industrials sectors, with an analysis of some of the major M&A trends we are seeing and their likely direction. ...
The first major overhaul of Australia's corporate insolvency regime in more than 30 years
On 28 September 2022, the Federal Government's Parliamentary Joint Committee on Corporations and Financial Services (Committee) announced an inquiry into corporate insolvency in Australia (Inquiry). The Inquiry is the first major review of Australia's corporate insolvency regime in more than 30 years. ...
The resurrection of rise and fall mechanisms in infrastructure contracts
Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...
Further updates to cessation of remaining LIBOR settings
On 29 September 2022, the UK LIBOR regulator, the FCA, announced it will no longer require publication of one-month and six-month GBP LIBOR beyond 31 March 2023. ...
Backing up the backups: cyber insurance in a hardening market
Increased regulatory scrutiny and enforcement action, including in Australia, is also contributing to the steadily rising cost of cyber risk management and cyber incident response. In this first instalment of our Cyber Insurance Handbook Series, we look at the key trends in the cyber insurance market and how your business should respond. ...
Shell Energy Holdings v Commissioner of Taxation: the end of the 'exploration' journey
On Friday 9 September 2022, the High Court rejected the Commissioner's application for special leave to appeal against the decision of the Full Federal Court in FCT v Shell. So ends the long journey that was the Commissioner's attempt to confine the meaning of 'exploration' to the mere discovery of a resource. ...