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The Mariner/ Austock decision: A vote in favour of Directors taking calculated commercial risks - Aug 2015
Partner, Sebastian Greene and Senior Associate, Josh Steele discuss the recent decision in Australian Securities and Investments Commission (ASIC) v Mariner Corp, focussing on the Court’s interpretation of 631(2)(b) of Corporations Act 2001 (Cth) and how this may impact other potential bidders and/ or target entities when considering a proposed bid and the bidder’s funding arrangements.
Protecting confidential information - Aug 2015
Senior Associate, Jen Tan, and Lawyer, Kieren Shattock discuss the main issues to consider when dealing with Non Disclosure Agreements.
You should have settled: why Calderback offers are important - Jul 2015
If you receive a settlement offer during a dispute, be careful to understand what kind of offer it is. If it is a ‘Calderbank offer’, and you reject it, you could be ordered to pay more of the other side’s legal costs if you are not successful. Senior Associate, Florian Ammer, and Law Graduate, Brendan May, review a recent decision of the Supreme Court of New South Wales that serves as a reminder of the importance of Calderbank offers.
Updated Guidance on Continuous Disclosure - Jun 2015
The ASX has released its updated guidance note on Continuous Disclosure, Guidance Note 8, which includes expanded guidance on listed entities’ continuous disclosure obligations in the context of ‘earnings surprises’, recommended procedures to be applied when undertaking investor briefings and the publication of analyst forecasts and consensus estimates. Partner, David Cornwell and Senior Associate, Josh Steele provide an overview of the key changes to the Guidance Note.
Requesting arbitration in a legal dispute: the importance of what you agreed - May 2015
If you are contemplating Supreme Court proceedings, be careful to understand with, and comply with, the agreed dispute resolution mechanism in your contract. Failing to do so can significantly delay resolution. If you wish to circumvent the dispute resolution procedures, you need clear and express agreement in writing. Partner, Simon Morris and Law Graduate, Brendan May look at a recent case where these issues arose.
The new data retention laws – what should you be aware of? - May 2015
The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth) (otherwise known as the “new data retention laws”) has been passed into law in April 2015. Partner, Tim Clark and Lawyer, Philip Chow, provide a concise summary of the new laws and how they may affect your business.
Power to sign but not to sell? Appointing a receiver correctly. - May 2015
Piper Alderman's Brisbane based Property team has recently acted for a purchaser in a receiver-appointed sale, which has presented some difficulty obtaining registration of a transfer document, due to the terms of the Receiver appointment. Partner, Peter Dwyer and Senior Associate, Mark Askin share their experience to assist mortgagees and receivers who are involved in selling property pursuant to a mortgage to ensure that appointments validly and clearly provide the receiver with a power to sell the property.
ACCC getting to the root of the problem - hair smoothing therapy not all that it claimed it was - Apr 2015
The Australian Competition and Consumer Commission recently released its priorities for 2015, which included continued scrutiny on truth in advertising and credence claims regarding the advertisement of products that claim to have particular benefits to the health and wellbeing of consumers. Senior Associate Mitchell Coidan reviews a recent action by the ACCC in this area.
You may not be as secure as you think! The issue of migrated security interests under the PPSA - Apr 2015
The Personal Property Securities Act 2009 (Cth) deems certain security interests, which would otherwise be defective, to be valid for a specified period. After this time, these security interests will become invalid unless they are corrected. In this update, Senior Associate, Maria Capati and Lawyer, Ryan Ainscough explain the types of security interests at risk and what secured parties can do to protect their interests.
The liabilities of co-sureties - Apr 2015
The High Court contributes to the debate on the division of liabilities between co-sureties. Lawyer, Daniel Coloe looks at the recent High Court decision of Lavin v Toppi.