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Vendor's IM - Get it wrong, pay the damages bill
A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...
Allens advises DuPont on ACCC clearance
Allens has secured ACCC clearance on behalf of E.I. du Pont de Nemours and Company ( DuPont ) for its proposed merger with The Dow Chemical Company ( Dow ). The ACCC decision follows DuPont's joint ...
Allens advises on refinancing of US$3.5bn Wiggins Island Coal Export Terminal
Allens has advised a syndicate of 22 financiers on the refinancing of the US$2.5 billion senior project financing facilities for the US$3.5 billion Wiggins Island Coal Export Terminal ( WICET ) ...
Allens advises on A$50m financing of WA mineral sands project
Allens has advised Image Resources on the A$50 million financing of its Boonanarring mineral sands project. Image has now met conditions precedent for drawdown in the loan note subscription ...
Government releases FOFA regulations
The Governments much anticipated FOFA regulations were registered today and provide significant relief for benefits provided to employees and representatives of product issuers who provide general advice They also expressly allow bonuses to be linked to successful product sales providing the bonus ...
'Fraud on the market' theory survives challenge in the US
Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...
Royal Commission: Round 4 - experiences with financial service entities in regional and remote communities
In the Interim Report the Commissioner identifies four principal issues relating to agricultural lending ...
Amendments to include insurance claims handling in the definition of 'financial services'
The Federal Government has released a consultation paper which takes action on Recommendation 4.8 of the Banking Royal Commission's Final Report. If implemented, the handling and settlement of insurance claims will become a 'financial service' under the Corporations Act 2001 ...
Class actions and emerging issues
The nature of Australia's class action landscape has fundamentally changed since the outset of the regimes. ...
Expanded ban on employer incentives for super - amendment passed in the Senate
The Senate has passed amendments that will greatly expand the scope of the prohibition on trustees and their associates providing incentives to employers in section 68A of the Superannuation Industry Act 1993 ...