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Gilbert + Tobin

Directors should carefully consider the terms of exclusion clauses in their D&O policies: Oz Minerals Holdings Pty Ltd & Ors v AIG Australia Ltd 2015 VSC 185

Australia - June 26 2015 In this case, a major shareholder and board position exclusion in a D&O policy was found to have been enlivened where the relevant shareholder was a

Can a company indemnify officers against legal costs and expenses incurred in defending criminal proceedings prior to verdict?: Note Printing Australia Ltd v Leckenby 2015 VSCA 105

Australia - June 26 2015 In this case, the Court found that on a proper construction of section 199A(3)(b) of the Corporations Act 2001 (Cth) (and an analogous provision in a

Wholly-owned subsidiaries: same same but different

Australia - April 8 2014 Wholly-owned subsidiaries might exist for a number of reasons, whether it be for quarantining assets and liabilities, satisfying foreign legal

Parties may be bound by their “subject to contract” negotiations: Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd 2015 QSC 119

Australia - June 26 2015 This case serves as a reminder to negotiating parties to be clear about their intentions regarding the binding nature of their 'subject to contract'

When will a "hostile" minority shareholder be granted access to a company's books?: Mighty River International Limited v Mesa Minerals Limited 2015 FCA 462

Australia - June 26 2015 In this case, GT acted for a minority shareholder who was granted access to the company's books under section 247A(1) of the Corporations Act 2001

High Court and NSW Court of Appeal confirm scope of proportionate liability regimes

Australia - July 3 2015 The scope of the proportionate liability regimes in Div. 2A of Pt. 7.10 of the Corporations Act 2001 (Cth) and in Pt VIA of the Competition and

Small businesses to be protected against unfair contract terms what you need to know

Australia - July 3 2015 The new financial year looks set to be a good one for small business. Following on from the generous $20,000 tax break offered to small businesses in

Government strengthens, and seeks to modernise, Australia’s foreign investment framework

Australia - July 2 2015 The Government has issued a new policy and intends to legislate to give effect to changes to strengthen Australia's foreign investment framework by 1

Taxation of employee share schemes Bill passes the Senate without changes

Australia - July 1 2015 Legislation amending the taxation of employee share schemes today passed through the Senate without amendment, with the new rules to apply to shares

Proposed multinational tax anti-avoidance law

Australia - July 1 2015 The Government has released exposure draft legislation to amend the anti-avoidance rules in Part IVA of the Income Tax Assessment Act 1936 (Cth) to