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Australia's first green and social loan
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. ...
Terminating M&A deals for material adverse change
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. ...
Deciphering the Australian sustainable finance taxonomy
As capital and debt sources continue to diversify and decarbonisation becomes entrenched in corporate decision-making, Australia's first sustainable finance taxonomy (the Taxonomy) will be a critical tool in the global push towards sustainable development. ...
High Court decision confirms relevance of repairs in assessing damages for defective goods
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
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
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
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
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. ...
First tranche of privacy reforms bring progress but no long-term clarity
Yesterday, the Australian Government introduced into Parliament the first tranche of reforms to the Privacy Act 1988 (Cth) under the Privacy and Other Legislation Amendment Bill 2024 (the Bill ). T ...
Tesseract v Pascale - Proportionate liability in arbitration
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. ...