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Recent Articles

01 October 2020

Australian Public M&A Report 2020

Herbert Smith Freehills is pleased to announce the publication of the twelfth edition of its Australian Public Mergers and Acquisitions Report.
30 September 2020

Finding An Alternative Route: Alumni Stories

The world and how we do things has changed for the foreseeable future and our alumni are finding innovative ways of making their services available despite the circumstances. Louise Higgs, Joy Rhoades, Murray Rosen and Alice Clark-Platts have all shared their stories below. If you know of any other...
29 September 2020

New restructuring and insolvency processes for small Australian businesses

The Australian Federal Government has announced significant insolvency law reforms that will affect small businesses with liabilities of less than $1 million. The reforms are expected to commence on 1 January 2021 and will introduce, among other measures, a new debt restructuring process and...
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.
29 September 2020

Observations on ASIC’s latest Corporate Finance Update

ASIC’s latest corporate finance report comments on recent M&A activity, novel relief applications and areas of concern for ASIC.
29 September 2020

Sustainability cooperation agreements: how can EU competition rules support green goals?

The European Green Deal , launched by Commission President Von der Leyen in December 2019, is a roadmap for making the EU’s economy sustainable by addressing climate and environmental challenges. It sets out a number of far-reaching policy and regulatory proposals that aim at building a climate...
29 September 2020

LIBOR Transition: Where things stand and what you should do now

Many treasury teams are currently receiving letters from their lenders reminding them of the discontinuation of LIBOR from the end of 2021.
28 September 2020

Due Diligence in the Age of ESG and Covid-19 (Japan)

Even before the Covid-19 pandemic, the increasing focus of external stakeholders on corporate purpose, accountability and resiliency was driving environmental, social and governance ( ESG ) matters higher up the corporate agenda. The Covid-19 pandemic has magnified the spotlight on ESG issues,...
28 September 2020

M&A Standpoint: A very different D&O landscape

28 September 2020

NSW modern slavery laws to be harmonised with Commonwealth Act

The New South Wales ( NSW ) Government has confirmed its intention to harmonise its proposed State-based modern slavery legislation with the Commonwealth Modern Slavery Act 2018 (Cth) ( Cth Act ).
28 September 2020

China’s competition regulator publishes new compliance guidelines

In August 2020, China’s primary competition enforcement regulator, the State Administration for Market Regulation ( SAMR ), announced the publication of its “2019 Compilation of Antitrust Regulations and Guidance”. The publication formally adopts four key guidelines (the Guidelines ) relating to...
28 September 2020

Defining design life: The importance of precision

The English High Court recently issued a decision in Blackpool Borough Council v Volkerfitzpatrick Ltd and others [2020] EWHC 1523 (TCC) on the meaning and ramifications of ‘design life’ requirements under English law.
25 September 2020

EU Mandatory Human Rights Due Diligence Law Takes Shape

Earlier this year we reported on a European Commission proposal to introduce mandatory human rights due diligence legislation for the EU. The European Parliament's Committee on Legal Affairs has now published a draft report which includes the text of a proposed Directive, giving a sense of the...
24 September 2020

FROM OUR KITCHEN TO YOURS – SUNSHINE STATE OF MIND MASTERCLASS

Our Brisbane office delivers a taste of Queensland sunshine in the latest instalment of our " How-To Masterclass ”, featuring handmade potato gnocchi with sautéed prawns, and a Queensland inspired trifle to follow.