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Results: 1-10 of 141

ASIC v Fortescue Metals Group Ltd: a timely warning about corporate disclosure and misleading conduct
  • Piper Alderman
  • Australia
  • March 17 2011

Australian Securities and Investments Commission (ASIC) appealed because the case raised important issues concerning:A listed entity's obligations to disclose information under the continuous disclosure provisions of the Australian Stock Exchange (ASX) Listing Rules and the Corporations Act, 2001 (Cth) (Act


Fiduciary duties of financial advisors
  • Piper Alderman
  • Australia
  • November 8 2012

Although it is hard to understand how this view could have arisen, there was a view amongst some members of the financial planning industry that financial planners did not owe fiduciary duties to their clients


Fee disclosure statements new ASIC regulatory guide RG 245
  • Piper Alderman
  • Australia
  • February 22 2013

Under new rules which will come in to operation from 1 July 2013, Australian Financial Services (AFS) licensees and representatives of AFS licensees


The Centro experience twelve months later
  • Piper Alderman
  • Australia
  • August 14 2012

It has been twelve months since Justice Middleton of the Federal Court of Australia delivered his judgments on liability and penalties in ASIC’s case against the Centro directors


A warning to directors and their legal representatives
  • Piper Alderman
  • Australia
  • August 12 2009

Drillsearch Energy Ltd (Drillsearch) commenced proceedings against two of its directors, a former director and two companies, the companies being shareholders of Drillsearch


Licensing requirement net tangible assets deferred tax assets included
  • Piper Alderman
  • Australia
  • October 5 2010

In a recent case, the AAT overruled a decision of ASIC cancelling the Australian financial services licence (AFSL) of a responsible entity (RE) that was the operator of a number of property trusts


Corporate disclosure and directors’ and officers’ duties
  • Piper Alderman
  • Australia
  • June 7 2011

The Full Federal Court and the New South Wales Court of Appeal have recently handed down judgements in appeals in the 'Fortescue Metals' and 'James Hardie' proceedings brought by the ASIC in relation to misleading company announcements to the ASX


ASX releases guidance on performance share requirements
  • Piper Alderman
  • Australia
  • July 23 2014

ASX has recently released a new Guidance Note 19 to assist listed companies and companies seeking to list in structuring the terms of performance


Shares: an instrument of crime?
  • Piper Alderman
  • Australia
  • April 4 2014

Eleven years ago money laundering offences in the Commonwealth Criminal Code were expanded to include dealing with money or property with an


Matters to consider when raising capital
  • Piper Alderman
  • Australia
  • February 11 2011

The central premise in the Corporations Act regarding capital raising is that an offer of securities needs disclosure to investors unless otherwise exempted