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The Regulation of Foreign Direct Investment in Australia: Australian Treasury's Recent Facts and Figures

The Background: The Australian Treasury has released its second quarterly report of the 2023–24 financial year covering the regulation of foreign investment in Australia during the quarter ended 31 December 2023....more

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

Changes to Disclosure in Annual Reports: New Australian Requirements to Report on Subsidiaries

The Australian Federal Parliament recently introduced new requirements for public companies to disclose information about their subsidiaries in their annual report by legislating the Treasury Laws Amendment (Making...more

United States Leads the Way With Recent Foreign Investment Into Australia

The Australian Treasury has released its first quarterly report ("Report") for the 2023-24 financial year covering the regulation of foreign investment in Australia....more

Australia's New Register of Foreign Ownership of Australian Assets Commences on July 1, 2023

In Short - The Situation: From July 1, 2023, foreign investors in Australia will be subject to new registration requirements under Australia's foreign investment regime....more

M&A Highlights From ASIC's Latest Corporate Finance Update

In Short - The Situation: The Australian Securities and Investments Commission ("ASIC") recently released its update on corporate finance regulatory activities for the third quarter of 2022....more

Australia Foreign Investment Fees Set to Double

The Situation: The Australian Government has doubled Foreign Investment Review Board ("FIRB") application fees payable by investors who are required to seek approval under the Foreign Investments and Takeovers Act 1975 (Cth)...more

ASIC's Latest Corporate Finance Update: Practice Points for Schemes of Arrangement

Practice Points for Schemes of Arrangement - Uncertainty in earn-out consideration. ASIC raised concerns where target shareholders were being asked to vote on a scheme—which involved earn-out consideration—where there was...more

Australian Takeovers Panel Reaffirms Exclusivity Rules in Hot M&A Market

Despite the rules around exclusivity provisions in Australia having been relatively settled for many years (the Panel initially published its Guidance Note 7 on 'Lock-up devices' back in 2001), it's been surprising to see two...more

Australian Conservation Group Challenges EPA's Decision to Renew Coal-Fired Power Stations' Licences

Proceedings filed by public interest group Environment Victoria represent the first climate change litigation in Australia to challenge the licence to operate of coal-fired energy producers. A public interest group has filed...more

M&A Highlights From ASIC's September Corporate Finance Update

ASIC has released its third quarter update on corporate finance regulatory activities. From an M&A perspective, the update includes ASIC's observations on its public M&A deal statistics, outlines ASIC's recent concerns in M&A...more

Australian Court Rules Environmental Regulator is Duty Bound to Develop Climate Change Policies

The Facts  In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more

Landmark Proceedings Challenge Veracity of Climate Change Commitments by Australian Corporates

On 26 August 2021, the Australasian Centre for Corporate Responsibility ("ACCR") initiated proceedings against Australian gas-producer Santos Limited, challenging statements and policies which the ACCR considered...more

FAR-Reaching Reforms on Track to Expand BEAR

BEAR, which came into effect throughout 2018 and 2019, imposed extensive accountability obligations on ADIs and expanded APRA's enforcement powers. You can read our previous Commentary on BEAR here. ...more

Australian Parliament Resets Bar for Breach of Continuous Disclosure Laws

On 10 August 2021, the Australian Parliament passed the Treasury Laws Amendment (2021 Measures No. 1) Bill, which will permanently reform its continuous disclosure regime and related prohibitions on misleading conduct by...more

Hot Topics from ASIC's Latest Corporate Finance Update

The Situation: The Australian Securities and Investments Commission ("ASIC") recently released its quarterly Corporate Finance Update. Hot topics include Special Purpose Acquisition Companies ("SPACs"), electronic delivery of...more

Australian Regulators Stress the Importance of Managing Climate-Related Risk

Following in the footsteps of its international counterparts, the Australian Prudential Regulation Authority ("APRA") is ramping up its guidance on the management of climate-related risks. On 22 April 2021, APRA released...more

Australia's Full Federal Court Affirms That Judicial Impartiality Overrides Case Management Considerations

The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more

ASIC Signals Increasing Expectations for Climate Change Disclosures

The Situation: After conducting a period of market surveillance, Australian Securities & Investments Commission ("ASIC") Commissioner Cathie Armour recently released a statement reiterating ASIC's expectation that disclosing...more

Slowing the Growth of Shareholder Class Actions? Australia Announces Permanent Changes to Continuous Disclosure Laws

The Situation: Australia's Federal Government has announced that it intends to make permanent reforms introduced during the COVID-19 pandemic to continuous disclosure requirements for ASX-listed companies. The temporary...more

Significant Changes to Australia's Foreign Investment Framework Commenced on 1 January 2021

The Situation: The Australian government has introduced significant changes to its foreign investment review framework. The centrepiece of the changes is an enhanced review of acquisitions of property or businesses which are...more

Australian Company & Securities Update | Issue One

KEY LEGAL AND REGULATORY DEVELOPMENTS - Legislative and Regulatory Reform - Permanent reforms in respect of virtual meetings and electronic execution - On 19 October, the Federal Government released for...more

ASIC's New Corporate Plan Covers Next Four Years

Australia's corporate regulator has released its Corporate Plan, which outlines its strategic litigation goals and governance initiatives over the next four years. On 31 August 2020, the Australian Securities and...more

Another Reason for ASIC Not to Litigate

The Situation: Australia's corporate regulator, the Australian Securities and Investments Commission ("ASIC") brought proceedings against two former directors of Tennis Australia ("TA") alleging that they engaged in numerous...more

COVID-19 and Australia's Foreign Investment Regime

The Situation: The Australian Government has temporarily reduced the monetary thresholds under the Foreign Investments and Takeovers Act 1975 (Cth) ("the Act")?which had long been in place to exempt some foreign investment...more

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