ClarkeKann has advised longstanding client StockCo on the acquisition by Elders of a 30% stake in its Australian business. StockCo is the largest specialist provider of livestock financing in Australia and New Zealand. It provides a wide range of specialised...
Shareholders’ Rights to Inspect the Books of the Company
SHAREHOLDER PROTECTION Shareholders do not generally have the right to intervene in the management of the company or to have their views considered in relation to the conduct of the company’s business. However, they do have the right to vote at general meetings and...
Peer to Peer Lending: A Threat to Traditional Lending or Innovative Competition?
As published in CK Momentum Issue 9 (Click here to download) In this article, we look at Peer to Peer (“P2P”) lending, and explore what it is, its pros and cons and how it is regulated in Australia. WHAT IS IT? P2P lending has been heralded as the “Uber” of finance....
Anteo Diagnostics
As published in CK Momentum Issue 9 (Click here to download) John Toigo and Kate Gardner in our Corporate Team, recently acted as the Australian lawyers for Anteo Diagnostics Limited (ASX:ADO), an Australian listed biotech company, in its acquisition of 100% of...
Unfair Contract Provisions and Small Business
On 20 October 2015 the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 passed both houses of Parliament. This means that the unfair contract term provisions set out in the Australian Consumer Law and Australian Securities and...
Signing Contracts: When the Formalities Can’t Be Followed
In the March edition of CK Momentum, we looked at the formalities of signing contracts. However, in some commercial dealings following the formal rules of, for example, having two directors sign a document or asking for a copy of a board resolution to verify a...
Risk Allocation Tools: Indemnities
WHAT IS AN INDEMNITY? In its simplest form an indemnity is an agreement between two parties in which one party agrees to cover loss and damage suffered by another. As such indemnities are a very effective tool to allocate risk between transacting parties. The risk we...
NRMA Motoring & Services
As published in CK Momentum Issue 1 (Click here to download) In late 2013, CK acted for NRMA Motoring & Services on the sale of its portfolio of wholesale travel businesses. Assets sold by the NRMA included the Adventure World Travel, Value Tours, and Creative...
The Art of Deception
As published in CK Momentum Issue 5 (Click here to download) In a case that put the spotlight on the artistic world, the New South Wales Supreme Court has found the auction house Christie’s liable for misleading and deceptive conduct and unconscionable conduct under...
Fintech Hub Stone & Chalk Experience Overwhelming Demand
As published in CK Momentum Issue 7 (Click here to download) Stone & Chalk describes itself as “an independent, not for profit Fintech hub whose overarching objective is to help foster and accelerate the development of world leading Fintech startups”. Before it...
Employee Share Scheme Reform Finally Here!
As published in CK Momentum Issue 7 (Click here to download) Legislation has finally passed both houses of Parliament to improve the taxation treatment of Employee Share Schemes (“ESS”) and in particular provide some concessions to startups looking to implement an...
Its Taking Off! Australia’s Startup Economy
As published in CK Momentum Issue 7 (Click here to download) Cloud based tech companies, scalability and disruptive technology. Small, agile startups rushing to innovate and find a gap in the market. It is activity on a scale that has never been seen before. The...