Recent Blogs

A New Look NSX

Capital Markets

Over recent months, we have been receiving feedback from companies (and their advisors) in the small cap space (<$50M market cap) that they are either finding it increasingly challenging to list on larger exchanges (such as the ASX) or alternatively, for listed companies, that they are finding it challenging to maintain their listing (whether due […]

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In October 2018, changes were made to Australia’s crowd-sourced funding (CSF) laws in order to open up new capital raising opportunities for small private companies. We are shining a spotlight on CSF, as start-ups in particular may wish to consider this as an alternative way to secure funding. Click here to read more.

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The Australian Securities Exchange (ASX) has issued a consultation paper setting out proposed major amendments to its listing rules and guidance notes in order to “simplify, clarify, and enhance the integrity and efficiency of, the ASX listing rules”. The consultation paper was released on 28 November 2018, and can be accessed here. As the paper’s […]

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The ACCC has today instituted Federal Court Action against the operators of Port Botany and Port Kembla in relation to certain “Port Commitment Deeds” entered into with the NSW government when the Ports were privatised. Complete detail of the case is not yet available, but at issue are provisions within the Deeds which compensate the […]

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Changes to the way long service leave can be accessed by employees in Victoria effective 1 November 2018 will likely make changes to the way we treat negotiations on the purchase price in M&A transactions and the importance of due diligence on accrued employee entitlements. In M&A some negotiation points have become accepted as reasonably […]

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Australia’s competition regulator, the ACCC, has initiated its first Federal Court action for “gun jumping” conduct by merger parties. Broadly defined, “gun jumping” refers to unlawful pre-merger coordination between the parties to the merger. When the merging parties are competitors, gun jumping occurs where the parties coordinate their competitive conduct in a way that breaches […]

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Adam Brooks, Lisa Marcus and Nick Crawford of Thomson Geer’s Melbourne Corporate Mergers and Acquisitions team acted for Lion Selection Group Limited in successfully opposing a Takeovers Panel application and a subsequent review application to conduct proceedings issued by Lois Lane Investments Pty Ltd, Bloom Financial Advice Pty Ltd and others (collectively, the “applicants”) in […]

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In addition to the changes introduced 1 July 2015 to the existing deferral rules that apply to employee share schemes, significant changes were also introduced to provide employees of Australian start-up companies with more favourable taxation outcomes in relation to particular ESS interests and to better align the taxation of these schemes with more mature […]

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Background Directors and officers insurance cover is typically provided on a ‘claims made and notified’ basis. Importantly, even after its expiry the policy may, subject to the policy wording, still respond to a claim made provided it arises from facts or circumstances notified to the insurer during the term of the policy.  If a policy […]

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ASIC has consolidated its guidance on forward-looking statements in the mining and resources industry (Information Sheet 214) and introduced new controversial requirements.

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