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Creditors’ schemes in the hot seat: the Nine Creditors’ Scheme of Arrangement

Gilbert + Tobin
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Australia
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February 28 2013

On 29 January 2013, the Federal Court of Australia made orders approving the creditors’ scheme of arrangement between Nine Entertainment Group Pty

Penalties imposed on James Hardie officers what does this mean for officers?

Gilbert + Tobin
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Australia
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November 15 2012

On 12 November, 2012, the New South Wales Court of Appeal handed down its decision on penalties for the non-executive directors and company secretarygeneral counsel of James Hardie Industries Ltd (JHIL) in the latest decision in this long running litigation

Experts not untouchable but respect their expertise

Gilbert + Tobin
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Australia
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August 31 2012

UCL Resources Limited (UCL) alleged numerous defects with the target’s statement lodged by Minemakers Limited (Minemakers), including defects in the valuation of Minemakers’ projects, defects in the methodology applied by the independent expert and a failure to provide balanced disclosure particularly by providing a front cover that focussed solely on the disadvantages of the UCL offer

High Court's ruling in James Hardie

Gilbert + Tobin
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Australia
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May 7 2012

The High Court handed down two decisions on the James Hardie case last Thursday, which raise some interesting issues for companies and senior management, on how ASIC can be expected to conduct civil penalty proceedings, and potential exposure for senior management who may, without realising it, have liability as an "officer", because of the role they carry out

7 key lessons for directors and senior management

Gilbert + Tobin
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Australia
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May 7 2012

Allowing a company to be exposed to harm can be a breach of the duty to exercise care and diligence

The court's findings

Gilbert + Tobin
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Australia
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May 7 2012

ASIC brought civil proceedings against JHIL, its parent company (James Hardie Industries NV), the seven surviving non-executive directors of JHIL, the former CEO, the former Company SecretaryGeneral Counsel and the former CFO

High Court ruling on James Hardie - some guidance for the accidental officer

Gilbert + Tobin
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Australia
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May 7 2012

The James Hardie civil proceedings have attracted considerable coverage and commentary to date

Background to the ASIC proceedings

Gilbert + Tobin
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Australia
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May 7 2012

The circumstances surrounding James Hardie Industries Limited's transfer of subsidiaries with asbestos related liabilities to the Medical Research and Compensation Foundation, have received substantial publicity over a number of years

Failure to minimise control impact of rights issue receives frosty response from Takeovers Panel

Gilbert + Tobin
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Australia
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April 30 2012

Guidance Note 17 - Rights Issues (GN 17) sets out the approach adopted by the Takeovers Panel (the Panel) in relation to rights issues that have the potential to affect control

We're the regulators and we're here to help capital raising for small to mid cap companies

Gilbert + Tobin
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Australia
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March 29 2012

Recent moves by the Australian Securities Exchange (ASX) and the Australian Securities and Investments Commission (ASIC) will make it easier for small to mid cap companies to raise equity

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