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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

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

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

Supreme Court of NSW considers scope of a vendor's obligation to do "all things necessary" in SWM Financial Services Pty Ltd v Lloyd

Gilbert + Tobin
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Australia
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March 22 2012

This case concerned a contract for the sale of an accounting business by Mr Lloyd and Ms Wu (the vendors) to SWM Financial Services Pty Ltd (the purchasers

Full Court of the Federal Court of Australia considers fiduciary and statutory duties owed by directors to a company in Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd

Gilbert + Tobin
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Australia
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March 22 2012

This case concerned a joint venture company, Digital Cinema Network Pty Ltd (DCN), which negotiated with film studios and cinema owners in preparing Virtual Print Fee (VPF) agreements with regards to US film studies providing financial assistance to cinema owners converting movie projections from analogue to digital

Schemes of arrangement: the question of 'class'

Gilbert + Tobin
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Australia
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September 30 2011

One of the most difficult issues that arises in a scheme of arrangement (whether used to acquire control of a company or to effect a demerger) is the determination of whether any group of shareholders should be treated as a separate class for the purpose of voting on the scheme

Close of submissions on senate inquiry into FIRB's "national interest test"

Gilbert + Tobin
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Australia
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September 22 2011

A Senate inquiry into the adequacy of the "national interest test" after community concerns about foreign acquisition of Australian agricultural land was launched in July, chaired by Senator Bill Heffernan

Supreme Court of Queensland outlines the consequences of providing for a "fair market value" in relation to the valuation of joint venture interests

Gilbert + Tobin
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Australia
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August 19 2011

Vale Belvedere Pty Ltd v BD Coal Pty Ltd 2011 QSC 173 concerned a joint venture agreement between the parties, under which Vale Belvedere Pty Ltd (Vale Belvedere) had exercised an option to purchase the interests of BD Coal Pty Ltd (BD Coal

Swim between the flags - safe underwriting for a rights issue

Gilbert + Tobin
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Australia
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July 29 2011

As the Australian credit market has not yet returned to the buoyant state enjoyed prior to the global financial crisis, companies continue to explore rights issues as a way of raising funds

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