Corporate & Commercial

KHQ News & Insights

Not such a big deal? Litigation funders to have an AFSL


Posted By and on 26/05/20

The Federal Government has announced that the Corporations Act will apply to litigation funders, bringing the regulation and licensing of litigation funders under the remit of the Australian Securities & Investment Commission (ASIC). This move reflects the Government’s desire to increase the barriers to entry in the class action industry, and heighten the level of … Read more

COVID-19 RAISES PUBLIC INTEREST AS BUSINESSES RAISE CAPITAL

The impact of COVID-19 is affecting the economy left, right and centre, forcing many businesses to think outside the box, rather than relying on business-as-usual considerations – especially when it comes to addressing cash flow issues. Many government entities and regulators are providing guidance and adapting laws (where necessary) in order to assist businesses during … Read more

FORCE MAJEURE IN THE ERA OF COVID-19

As COVID-19 continues to spread, the impact on businesses becomes  inevitable. We have already started to receive questions from our clients as to how the impact of COVID-19 could affect their contractual obligations. Whilst the extent of the impact of COVID-19 remains uncertain, businesses should look to their commercial contracts to ensure they are covered … Read more

Kleenmaid shadow director taken to the cleaners

On 7 February 2020, Kleenmaid’s former director and founder, Andrew Eric Young was found guilty of 19 charges arising out of Kleenmaid’s collapse.  This prosecution is significant as it marks the first time a shadow director has been convicted and sentenced to prison for insolvent trading. What happened? In April 2009, administrators were appointed to the … Read more

Thinking of exiting? Check your shareholders agreement

If you are considering exiting your shareholding in a private company, experience tells us that having a well drafted shareholders’ agreement paves the way for a more certain exit. A shareholders’ agreement is a binding contractual document that regulates the rights and responsibilities of shareholders. But, one size does not fit all! Shareholders’ agreements, like … Read more

“They didn’t tell me that!” Disclosure regimes for financial products face renewed scrutiny


Posted By on 16/10/19

By Adrian Faelli (Lawyer) and Venn King (Special Counsel) On 14 October 2019, ASIC and the Netherlands Authority for the Financial Markets (“AFM”) released a joint report critical of current disclosure regimes in respect of the full range of financial products across multiple jurisdictions. Entitled “Disclosure: Why it shouldn’t be the default”, the report acknowledges … Read more