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29 September 2020
Stub equity: ASIC confirms ban on proprietary company custodian structures but public company stub deals can proceed
ASIC has confirmed its ban on the use of Australian proprietary companies in stub equity deals, but has accepted the use of Australian public companies subject to anti-avoidance measures.
29 September 2020
ASX narrows availability of temporary emergency capital raising relief
ASX has narrowed the circumstances in which entities can rely on the additional 10% placement capacity and other relief under the temporary emergency capital raising relief class waivers it granted on 31 March 2020.
31 August 2020
Distressed deals: does the Panel have a role?
The COVID-19 pandemic has had devastating impacts on the global economy, with many Australian companies, particularly in the tourism, retail and hospitality industries, falling into financial distress. Urgent corporate rescue deals inevitably need to thread the needle between the interests of...
31 August 2020
Digihealth and the Race for Health Data – Key Legal Issues
The healthcare and pharmaceutical sectors in Asia and beyond are being reshaped by new digital technologies. From the use of AI for identifying lead compounds and connected devices for collecting personal health data, to the use of blockchain for managing supply chains and telehealth for accessing...
31 August 2020
What are a company’s legal obligations related to climate change (Japan)
For some time, it has been recognised that climate related risks should figure in long term planning for all organisations. There is now increasing appreciation of the extent to which climate change considerations are important to business decision making today, encompassing the physical changes to...
14 August 2020
Foreign investment reforms – exposure draft legislation released
Significant reforms to Australia’s foreign investment review framework are scheduled to commence on 1 January 2021. The reforms focus on tightening the rules in relation to ‘national security businesses’, including those involved in the defence and national security supply chains. The Government...
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22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
21 October 2020
Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis
The Journal of International Banking Law and Regulation (JIBLR) has published an article written by members of our securities class action practice: Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis.
20 October 2020
2020 Global Bank Review: #disruption
The 2020 edition of our Global Bank Review: #disruption , explores the challenges and opportunities facing banks, with the emergence and impact of the Covid-19 global health pandemic and its subsequent ramifications. While the sector has faced – and overcome – significant disruption before, the...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
16 October 2020
Members of our Digital Law Group contribute to the Tech London Advocates and UK Law Society’s guidance for lawyers advising on distributed ledger technologies
“Technology underpins innovation in legal services and plays a critical role in driving the postcoronavirus recovery across all sectors of the economy. The report of the TLA’s Blockchain Legal and Regulatory Group will provide a clear framework and much needed guidance on the use of blockchain in...
15 October 2020
Libor transition update - October 2020
The cessation of the London Inter-bank Offered Rate ( LIBOR ) at the end of 2021 has long been an issue vexing the global financial services industry given the scale and geographic spread of exposures to the affected benchmarks across the currencies and terms in which it is published. As we reach...
13 October 2020
Fintech 2021: from crisis to consolidation
For most people, life and work have changed fundamentally since the Covid-19 crisis began – and there are concerns that the crisis could still worsen again . Most areas of the world’s economy have been profoundly affected too, and the Fintech sector is no exception. Fintech has been both an...
09 October 2020
Climate-related disclosures: the new frontier?
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the Financial Conduct Authority ( FCA )’s proposals for regulating climate-related disclosures and the litigation risks which may arise for issuers from such proposals.
