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Directors' indemnities: is offence, unexpectedly, the best form of defence?

Two (not so) simple questions: Does your indemnity deed require you to pay the costs of personal legal actions begun by your directors and officers? Does your D&O insurance cover all the...

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Clayton Utz puts in the hard yards for Australia's auto industry

A unique and complex situation that called for creative and commercial legal thinking is how two Clayton Utz partners describe their role in helping the Administrators of car parts manufacturer Ajax...

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Banking and Financial Services Insights

This issue includes: Financial regulation in Australia: who should regulate the regulators?; Can you charge negative interest on super fund benefits?; War by any other means: liquidation as a business...

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Clayton Utz partner joins Lex Mundi Board

Clayton Utz partner Simon Truskett has been appointed to the Board of Directors of Lex Mundi, the world's leading association of independent law firms. The appointment of Mr Truskett, a corporate...

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Clayton Utz closes second fund for Ironbridge

Clayton Utz continues to be involved in some of the most significant and high-profile private equity transactions taking place in Australia, the latest being Ironbridge Capital's A$1.05 billion MBO fund.

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Banking and Financial Services Insights

This issue includes: Institutional investors and shareholder class actions: when to participate?; Everyone's a winner, baby? Pooling insolvent groups; Court finds mortgage unjust despite false...

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CU welcomes back corporate star to Perth

Clayton Utz continues to strengthen its corporate capability in Perth, welcoming back Heath Lewis to the fold as a partner in the Corporate Advisory/M&A practice.

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Banking and Financial Services Insights

This issue includes: Sons of Gwalia - hype or horror story?; Retail investment products for super funds; 2006 ISDA Definitions; The X&Y Files: High Court confirms APRA's powers; APRA and the AXA...

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Pro bono part of being a lawyer, says VLF award winner

Being of service to the community is a vital part of being a lawyer according to Clayton Utz articled clerk Daniel Matta, whose volunteering efforts have been recognised by the Victoria Law Foundation

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Major changes to fundraising, governance, takeovers

Important changes to fundraising laws are a major feature of a Bill introduced into Parliament yesterday. The Corporations Legislation Amendment (Simpler Regulatory System) Bill will also affect...

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Pro bono partnership results in NT Law Society award

Clayton Utz' ongoing commitment to providing pro bono and community support to the Australian Red Cross Youth and Community Services has been recognised by the Law Society Northern Territory (LSNT).

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Banking and Financial Services Insights

This issue includes: Recovering money paid by mistake; Implementation of Basel II: APRA releases a raft of draft prudential standards;

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Clayton Utz teams up with Castan Centre for inaugural human rights debate

A team of law students from Monash University has emerged as the winner of the inaugural Victorian Charter of Human Rights Mooting Competition organised by the Castan Centre for Human Rights Law and...

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Swaps: Takeovers Panel releases (draft) policy

The Takeovers Panel wants more disclosure of cash-settled equity swaps.

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Takeovers Panel gets the All Clear from the High Court

The Takeovers Panel is constitutionally valid, the High Court said this morning.

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Securities lending contracts mean what they say

And that - according to the Federal Court - is that the lender of securities loses all title and interest in the securities. Accordingly, the borrower of securities is free to dispose of the securities...

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Autism Queensland recognises Clayton Utz pro bono contribution

The pro bono work of national law firm Clayton Utz has been recognised at the 2nd Annual Autism Queensland Creative Futures Recognition Awards. Clayton Utz received the Autism Queensland Professional...

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Racing industry relief at close of Equine Influenza Inquiry

The recent conclusion of the Commission of Inquiry into the Outbreak of Equine Influenza (EI) has brought to an end a more than six month team effort at national law firm Clayton Utz, which represented...

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Clayton Utz announces winner of inaugural arts scholarship

National law firm Clayton Utz congratulates up and coming Queensland-based artist Martin Smith on being named the winner of the inaugural LAUNCH: Clayton Utz Travelling Arts Scholarship. Mr Smith was...

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QUT unveils refurbished Clayton Utz Law Library

Students in the Queensland University of Technology Law Faculty will be able to enjoy their studies in a new state-of-the-art environment following the unveiling of the refurbished Clayton Utz Law...

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ASIC action on Short Selling - where to from here?

On Sunday 21 September ASIC took further emergency action in response to bans on short selling of stocks imposed by regulators in other global financial centres.

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Clayton Utz appoints new Board members

National law firm Clayton Utz is pleased to announce the appointment of Peter Hawkins and Duncan Boyle as external directors of its Board.

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Clayton Utz dedicates a quarter of a million hours to pro bono

The Clayton Utz Pro Bono program has reached another significant milestone, with Clayton Utz lawyers having performed 250,000 hours of pro bono legal work since the program was formalised in 1997.

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Clayton Utz lawyer named Australian Young Lawyer of the Year

Clayton Utz lawyer Anna Rakoczy has been named Australian Young Lawyer of the Year by the Law Council of Australia (LCA).

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Clayton Utz advises Gresham Private Equity on multimillion dollar APPP sale

Clayton Utz has advised private equity fund Gresham Private Equity on the $165 million sale of disposable absorbent product manufacturer Australian Pacific Paper Products (APPP) to listed Japanese...

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Banking and Financial Services Insights

This issue includes: Managing the global financial crisis; Credit crunch - Some lessons for structuring and operating property funds; Developments in dollar-based materiality in unit pricing;...

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Clayton Utz advises leading Qld companies on successful capital raisings

Clayton Utz has advised on two separate and successful capital raisings coming out of Queensland, in a sign that the equity markets are still open for business despite the difficult economic climate.

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Banking and Financial Services Insights

This issue includes: Islamic finance: An introduction; Profile - Nick Poole;

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Banking and Financial Services Insights

This issue includes: Syndicated lending and cartel offences under the Trade Practices Act; Introduction to Islamic finance - Part II;

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Banking and Financial Services Insights

This issue includes: Shariah funds: Opportunities and challenges in the Australian market; The PJC's Financial Services Inquiry; Quenching Melbourne's thirst with the Victorian desalination project;

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Banking and Financial Services Insights

This issue includes: Variations to charges: High Court dismisses the appeal in Octaviar; Managing tax consolidation risk for secured financiers; High Court holds dishonouring cheques was defamatory and...

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A sting in the Tael: Seller's entitlement to interest accruing pre-settlement

An English court recently determined that certain fees accruing after the settlement date of a debt trade may be payable to the seller. What does this mean for future debt trades here, ask Nick Poole,...

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Nine Entertainment - debt for equity swap agreed

Now that the initial media flurry is over, what lessons can we learn from the Nine Entertainment debt negotiations? Quite a lot, say Peter Bowden, Nick Poole and Paul James, particularly from what...

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Secured creditors scheme to get Channel Nine deal approved

Peter Bowden, Nick Poole and Paul James pick up the latest in the Nine Entertainment debt saga. What do the court's views on the Scheme of Arrangement mean for debt for equity swaps or similar...

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Loan to own transactions Part 1: The basics and structuring

Loan to own transactions are becoming more and more common - but what do they involve, and when are they appropriate? Graeme Gurney and Matthew Wilson set out the basics to help you understand what's...

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Loan to own transactions Part 2: Due diligence, price and other considerations

Loan to own transactions are becoming more and more common - but what do they involve, and when are they appropriate? In the second part of their article, Matthew Wilson and Graeme Gurney explain what...

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Bondholder consents: guidance from the English courts

Nick Poole and Anthony Burke explain why bondholders and bond issuers that are involved with (or contemplating) a bond restructure should be mindful of the issues pertaining to the use of consent...

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Preparing for the end of the Personal Property Securities Act's transitional...

Companies and individuals should act now to ensure they have identified all transitional security interests and take appropriate action to protect their positions well before 31 January 2014, warns...

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Another look at material adverse effect clauses: the Grupo Hotelero case

Material adverse effect clauses are prevalent in Australian loan documentation, but how will courts interpret them? Maria Ratner finds some answers in a recent case form the UK.

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Register retention of title clauses on the Personal Property Securities...

A seller's assumption that it was protected by the transitional provisions in the Personal Property Securities Act 2009 (Cth) has been held to be incorrect, with lessons for all suppliers, says Greta...

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Review of the Personal Property Securities Act starts with release of first...

The Attorney-General's Department has released the first of a series of consultation papers in relation to the review of the Personal Property Securities Act 2009 (Cth) for public comment.

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Final Report on the Review of the Personal Property Securities Act released

The Australian Government has released the final report in relation to the statutory review of the Personal Property Securities Act 2009 (Cth) (PPSA), which recommends changes to the PPSA or the...

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PPSA retention of title decision overturned

The reversal of a first instance authority on the validity of a transitional security interest relying on retention of title clauses in invoices provides lessons for insolvency practitioners in...

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Leases of serial-numbered goods for less than 1 year won't be deemed security...

Unless they are "in substance" security interests that secure payment or performance of an obligation, leases or bailments of serial numbered goods for a term of between 90 days and one year soon won't...

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Proposed cross-collateralisation of PMSIs would improve protection in...

David Kreltszheim explains a recommendation to allow sellers to claim "purchase money security interest" status for its security interest over all the goods it supplies is good news for suppliers.

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1 October start date for changes to PPSA treatment of short-term leases of...

From 1 October 2015 leases or bailments of serial numbered goods for a term of between 90 days and one year soon won't need to be registered on the Personal Property Securities Register, unless they...

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Major shakeup of Australia's financial services sector on the way

The Federal Government has accepted the vast majority of changes recommended by the Financial System Inquiry headed by David Murray, and set out a roadmap for the biggest reforms in 20 years under five...

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ATO reviewing financial arrangements, derivatives and currency swaps

Tax alerts are on the way for transfer pricing and integrity measures concerning financing arrangements, such as cross-currency interest rate swaps and similar derivative financial instruments. Dr Niv...

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Think you're not "regularly engaged in the business of leasing"? Think again,...

Dan Fitts warns companies that have leasing as a small and irregular part of their overall business that they still must comply with the PPSA if their interests in leased goods are to be protected.

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Retention of title and the PPSA: a high steaks issue

This case provides some clarification of matters relating to registration of retention of title clauses for secured creditors dealing with grantors

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