Australia: Corporate/Commercial Law

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Article
Bare But Not Unfair: Court Approves Naked No Vote Break Fee
The recent Ausmincon/Afry scheme has reignited debate over naked no vote break fees in Australian M&A transactions. While these fees have been largely absent from public deals for the past decade, the Court's decision reconfirms they are not inherently coercive and need not be minimal. What factors enabled this $1 million break fee—exceeding 1% of equity value—to withstand judicial scrutiny?
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
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Article
Bare But Not Unfair: Court Approves Naked No Vote Break Fee
The recent Ausmincon/Afry scheme has reignited debate over naked no vote break fees in Australian M&A transactions. While these fees have been largely absent from public deals for the past decade, the Court's decision reconfirms they are not inherently coercive and need not be minimal. What factors enabled this $1 million break fee—exceeding 1% of equity value—to withstand judicial scrutiny?
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
See more
Article
New Hate Speech Laws: What Your Business Needs To Know
From 22 January 2026, Australia’s new Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 creates serious criminal liability for anyone who funds, supports, or promotes prohibited hate groups. Businesses are not exempt. The Act’s broad definitions of ‘support’ and ‘funding’ mean that ordinary commercial activity, from charitable donations to supplier contracts, can now carry criminal risk.
Australia Commercial
L
LegalVision
Article
Keeping Up With ESG In Australia – April 2026
Treasury's latest consultation on Australia's Sustainable Investment Product Labelling regime introduces mandatory consumer-facing disclosures and asset-based thresholds for financial products marketed with sustainability claims. The proposed framework aims to combat greenwashing while providing retail investors with clearer information about the sustainability characteristics of their investments. Meanwhile, new gender equality targets take effect for large employers, and multiple statutory reviews are res
Australia Environment
KL
Herbert Smith Freehills Kramer LLP
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