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Against the backdrop of the Royal Commission, fintechs and start-ups are presented with significant opportunities to shape new business models while established institutions face the challenge of redesigning their existing commercial strategies and capabilities. With the upcoming advent of the Open Banking regime, there is a growing awareness of the impact this will have on the financial services industry and the importance of digital platforms through which customer data will be accessed.

It's a time of much uncertainty for the equity capital markets community as a result of the cases being brought by the ACCC and ASIC in relation to the ANZ capital raising in 2015. ASIC’s report 605 gives almost no guidance on when disclosure is required in relation to a shortfall, however it does give guidance on two important issues: allocation processes and bookbuild messaging.

ASIC has issued an announcement affecting foreign financial services providers (FFSPs) that rely on “passport” class order relief or on “limited connection” relief from the requirement to hold an AFSL. ASIC will be proceeding with the proposal to repeal these relief instruments and implement a new regime which will require FFSPs to apply for a foreign AFSL, the details of which have not yet been announced.


For the first time, the Department of Mines, Industry Regulation and Safety (DMIRS) is closing all of its offices (Perth and regional) over the Christmas to New Year period (from Monday, 24 December 2018 to Wednesday, 2 January 2019, both inclusive). Over the counter hard copy transactions will not be possible from Monday, 24 December 2018 to Wednesday, 2 January 2019. Normal services will resume on 3 January 2019.


Welcome to Edition 93 of Boardroom Brief. This is a service specifically targeted at the needs of busy non-executive directors. We aim to give you a “heads up” on the things that matter for NEDs in the week ahead – all in two minutes or less.


This case is a reminder of the potentially devastating commercial consequences of knowingly assisting in breaches of fiduciary duties owed by employees to their former employers to protect business connections and other confidential information.  In this case, the High Court ordered a business to account for its entire capital value of $14.8 million which included both actual and anticipated profits, and profits which may not have been the ‘direct result’ of knowing assistance in the breach.

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G+T News


In a keynote at the Capetown Legal Conference, G+T Managing Partner Danny Gilbert addressed how law firms will find success in tumultuous times.


Gilbert + Tobin has recently advised IMF Bentham Limited (IMF) on a successful restructure of its existing listed IMF Bentham Bonds (Bond Restructure) and a A$ 41.4 million conditional placement of new listed IMF Bentham Bonds to sophisticated and professional investors (Conditional Bond Placement). The Conditional Bond Placement was conducted to fund redemptions associated with the Bond Restructure and to fund growth initiatives and allow greater financial flexibility for IMF’s balance sheet. 


Gilbert + Tobin has advised Transport for NSW (TfNSW) on the engagement of Network Rail Consulting as System Integrator in the first step towards delivering the Government’s Digital Systems Program.


Gilbert + Tobin advised 'neobank' Xinja on its restricted banking licence application under the Australian Prudential Regulation Authority's new regime.


G+T has advised Sonic Healthcare Limited (Sonic) on its $600 million placement and related share purchase plan (SPP) to fund the acquisition of Aurora Diagnostics.


Gilbert + Tobin acted as Australian legal counsel to Yancoal on the company’s dual primary listing (HK Listing) today on the Hong Kong Stock Exchange (HKEx) and the associated initial public offering (IPO) of its shares to raise HK$1.605 billion. This is the first dual primary listing of a company on the Australian Stock Exchange (ASX) and HKEx.