Australia: Corporate Governance

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?

Once the (metaphorical) champagne is popped and both parties sign on the dotted line, attention typically shifts to delivery. At this point, the contract is often relegated to the figurative bottom draw...

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

Welcome to the December edition of Herbert Smith Freehills Kramer's Australian ESG bulletin, ‘Keeping Up with ESG'.

This article examines the key legal considerations when appointing a spouse as a director, the importance of proper documentation and the alternative role structures available.

In this edition of It depends, associate Alfred Jackson discusses how to know if your business is ready for sale.

Key legal and practical issues that can arise in this context, offering valuable insights for in-house counsel tasked with navigating these important and complex arrangements.

Crisis response needs clear, legal & strategic communication to protect reputation—preparation & message discipline are essential.

The changing landscape of SBRs, why SBR acceptance rates are decreasing.