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Lenders caught up in unreasonable director-related transaction

5 min read

In a recent Federal Court decision1, a liquidator was successful in having a mortgage declared an unreasonable director-related transaction under section 588FDA of the Corporations Act 2001 (Cth) (the Act). This demonstrates that liquidators can rely on the section as an extra ‘tool’

Developers and lenders: start preparing now

20 min read

Extensive changes to the Land Law are set to align the legal framework to acquire land more closely with practical realities, particularly for energy and infrastructure project developers. The new law is also expected to improve certain project owners’ ability to borrow against land, addressing a

Pilot tender round and draft CISA launched

8 min read

The first standalone Capacity Investment Scheme (CIS) tender round, open to clean dispatchable capacity projects in Victoria and South Australia, is now well underway.
Stage A ‘Project bids’ were submitted in February for evaluation. A draft full form clean dispatchable CIS agreement (CISA) was published

The Full Federal Court decision

9 min read

The Full Federal Court decision of Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC] 28 allowed the taxpayer’s appeal, ultimately determining that Part IVA of the Income Tax Assessment Act 1936 did not apply to a trustee’s failure to exercise its discretion to distribute

A guide for key decision-makers and cyber incident response teams

Mental health and wellbeing support for cyber professionals, incident response teams and staff targeted in cyber incidents is now essential to cyber risk management and incident response planning.

As cyber incidents become commonplace and threat actors increasingly target, harass and intimidate key decision-makers to coerce

Lenders typically want as fulsome a security package as possible, including security over all of the different asset types, eg real property, project documents and financier tripartite agreements. Sponsors, however, are likely to push for a reduced security package with fewer controls than would typically be seen on a single-asset project financing. This may include

Fit-for-purpose technology contracting

5 min read

Licensing emerging technology is a tempting prospect when navigating the ever-expanding world of decarbonisation and sustainability. However, getting the outcome you want requires a level of creativity and a contemporary approach to risk-allocation.
In this brief Insight, we:

  • outline the risks of applying standard liability positions when licensing nascent

Examining the ASX50’s approach to board skills and diversity reporting

10 min read

A board skills matrix is a valuable corporate governance tool for listed entities to disclose the skills of their directors, identify gaps and competencies in addressing current or future business needs, guide succession planning and promote informed decision-making regarding director elections and