Significant legislative reform is proposed to be introduced this year aimed at introducing stronger measures to combat corporate crime following recent reports that show that Australia has made slow progress…
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Legal Commentary and Opinion Posts
Marshalling: What’s Mine is Yours and What’s Yours is… Mine?
Finance documents will often include a provision that excludes a junior secured creditor’s right of marshalling, although the reasons for doing so aren’t always understood or appreciated. What’s marshalling? Marshalling…
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Submitting Evidence to the Royal Commission: Volunteer at Your Peril!
Volunteering is generally a laudable exercise to be encouraged. But when it comes to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Royal Commission),…
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Shareholder Activism: Are Your Clients Prepared?
Although shareholder activism in Australia has undoubtedly grown in recent years, 2017 was particularly interesting in that a number of high-profile ASX-listed companies (Woolworths, Origin Energy and BHP to name…
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The Royal Commission: Beware its Teeth
As news breaks of the banking and financial services industry deceiving customers and regulators, we chat to Dr Tom Middleton, author of ASIC Corporate Investigations and Hearings, about the powers…
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Intimate Family Violence and the Abolition of Defensive Homicide
In 2014, Victoria abolished the offence of defensive homicide following a “widely held perception that it was being abused by violent men”. Despite having been abolished, defensive homicide made appearances…
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Electronic Signatures: A Guide for Lawyers
When I began my career in corporate law, signing and exchange of contracts involved a certain ceremony and spectacle. Junior lawyers printed and clipped the requisite number of counterparts and…
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Summary Procedure Reform in South Australia: The Abolition of Complaints and the Use of Informations
Following the abolition of the “complaint” instrument in the recent summary procedure shake-up in South Australia (SA), criminal lawyers will need to be more alert to classifying the offence in…
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Making an Apple More Like an Orange: How the ACCC is Planning to Improve its Chances in Merger Reviews
A recent speech by Rod Sims, Chairman of the ACCC, is making waves amongst Australian competition law practitioners and business leaders. Sims has proposed requiring more information from businesses seeking…
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Email Addresses on the Register of Members: Implications of the New Bill
A proposed amendment to the Corporations Act 2001 (Cth) will require companies to include members’ email addresses on the register of members. The Corporations Amendment (Modernisation of Members Registration) Bill…
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