In this insight, we summarise the new laws and take a closer look at how the reforms affect particular types of transactions. We also provide some practical tips for drafting and managing contracts affected by the new laws.
By 2031, more than 30 million will call Australia home, and with this forecasted population increase comes significant infrastructure demands. Australia’s infrastructure projects have traditionally been funded via bank or government balance sheets, but this is all set to change.
In mid-2017, Swiss Re, the world’s second largest re-insurance company, announced they had begun to integrate Environmental, Social and Governance (ESG) factors into their investment decision making processes. By the end of 2017, Swiss Re expects that all investment decisions impacting their entire USD130bn global portfolio will be based on ESG and related ethical factors.
The Federal Government has released its long-awaited draft legislation to amend the Corporations Act to introduce a ‘safe harbour’ carve out to a director’s personal liability for insolvent trading and a stay on the enforceability of certain ‘ipso facto’ clauses during an administration or scheme of arrangement. Our Restructuring + Insolvency Team dissects what the proposed changes mean for Australian businesses.
In the summer issue of Young Lawyers Journal, Banking + Infrastructure lawyer Daniel Yim wrote about the law of change - that is, the challenges and lessons arising from the trend for non-lawyers to perform services traditionally delivered by law firms.
Dominic Emmett and Jessica Arscott provide a detailed analysis of the insolvency and restructuring market in Australia, the key tools and emreging innovative processes for effecting restructures in Australia, as well as an update on the Federal Government's insolvency law reform agenda.
Justice Black has confirmed in his written reasons for judgment in Re Nexus Energy Ltd (subject to deed of company arrangement)  NSWSC 1910 the utility of section 444GA to achieve debt for equity restructures of listed companies.
The recent news concerning the dispute between the receivers for Forge Group Limited and APR Energy over approximately $50 million worth of gas turbines has emphasised the risks for companies involved in the equipment lease business since the introduction of the Personal Property Securities Act 2009 (Cth)
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At Gilbert + Tobin, our team looks at technology influences as they apply to all industries. We advise on the impacts of technology on the contract structures, the laws and the corporate/commercial processes that underpin your business. Our focus, like yours, adjusts as your company and your industry demands dictate.