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Terminating M&A deals for material adverse change
Insight 19 Nov 2024

In October 2024, the English Commercial Court delivered an important decision in BM Brazil concerning the ability of a buyer to rely on a material adverse change (MAC) condition to terminate an M&A deal. ...

Australia's first green and social loan
Insight 19 Nov 2024

In recent years, the Australian market has shifted towards sustainability and the adoption of sustainable finance. This approach is not only driving businesses in the direction of long-term economic growth but fostering environmental stewardship and enhancing social well-being. Nick Adkins, Allens Partner, is joined by Di Mantell, CEO of Celsus – the holder of the PPP concession to build and operate the Royal Adelaide Hospital, one of Australia's largest and most advanced hospitals. ...

High Court decision confirms relevance of repairs in assessing damages for defective goods
Insight 08 Nov 2024

The High Court yesterday delivered judgment in two appeals from decisions of the Full Federal Court in Toyota v Williams (the Toyota Appeal) and Ford v Capic (the Ford Appeal), both high-profile automotive consumer class actions. ...

ICMM's 2024 update: a new benchmark for Indigenous rights in mining
Insight 28 Oct 2024

The ICMM has updated its Indigenous Peoples and Mining Position Statement, through which ICMM members have affirmed their commitment to respecting the rights of Indigenous Peoples and recognising their importance as partners in the development of mining projects on their lands and territories. ...

Mandatory climate-related financial reporting is here: preparing for 1 January 2025
Insight 25 Sep 2024

On 12 January 2024, the Federal Government released the exposure draft of the Treasury Laws Amendment Bill: Climate-related financial disclosure. In this Insight, we explain key elements of the Draft Legislation, including areas of uncertainty that have been raised in submissions to government. ...

Activist shareholders are becoming more efficient, more sophisticated and better resourced
Insight 23 Sep 2024

Shareholder activists are increasingly using novel tactics to influence the strategies of companies. While campaigns continue to focus on the full spectrum of key issues like M&A activity, business ...

Evolving litigation landscape: recent ESG disputes trends
Insight 16 Sep 2024

In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...

Tesseract v Pascale - Proportionate liability in arbitration
Insight 12 Sep 2024

The High Court's recently handed-down judgment in Tesseract International Pty Ltd v Pascale Construction Pty Ltd  has significant implications for parties subject to existing arbitration agreements and considering it as a mode of dispute resolution in future contracts. ...

Preparing for voluntary standards and mandatory legislation: a deep dive into Australia's evolving AI regulatory landscape
Insight 10 Sep 2024

Over the past few weeks, the Australian Government has published a series of standards, proposals and policies which foreshadow the principles likely to be adopted in mandatory AI legislation once introduced. ...

Recent UK money laundering decision
Insight 29 Aug 2024

In this Insight, we explain how this decision is relevant to Australian companies, in demonstrating how proceeds of crime laws may provide rightsholders and activists with an additional lever for seeking company engagement on tackling modern slavery (and, potentially, other human rights issues). ...

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