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The Takeovers Panel has recently handed down another decision in InterMet Resources Limited [2008] ATP 17 which, consistent with its previous decisions in Programmed Maintenance Services Limited 02 [2008] ATP 9 and Magna Pacific (Holdings) Limited [2007] ATP 02, confirms the Panel's view that bidders and targets should not be limited.

The Franchise Council of Australia has responded in detail to the thorough and quite extensive recommendation of the recent franchising inquiries in Western Australia and South Australia as a precursor to preparing its submission to the proposed Federal Government inquiry into franchising.

If your business routinely uses personal guarantees, your processes should be sufficient to ensure their enforceabilty.

In certain circumstances, such as by reference to the Ankar principle, a guarantor can be discharged from liability.

A liquidated damages, or LD, clause will commonly feature in a contract involving the delivery of a good or service within a stipulated time frame and will be activated when delivery is late. However, it can also be used for other breaches. It is a powerful contractual mechanism, but needs to be drafted correctly in order to be effective

ASIC has finally issued the first seven Australian Financial Services licences to equity crowdfunding intermediaries.

It has been the view of many valuers of shares that "fair value" of shares means that the share of a minority shareholder must be discounted because of an inability to control meeting resolutions.

ASIC has recently published a report on how the unfair contract terms regime applies to loans made to small businesses.

It is that time of the year again when all franchisors (including foreign franchisors) should be updating their Disclosure Documents if they have not done so already.

A recent action commenced by the Australian Competition and Consumer Commission in the Federal Court against a franchisor could potentially become a landmark case on the issue of withholding consent to the transfer of a franchised business.

The Australian Law Reform Commission ("ALRC") has proposed welcomed reforms to simplify Australia's corporate criminal responsibility regime.

Whistleblower policies prepared before ASIC's Regulatory Guide should be reconciled and updated to ensure compliance.

Anyone with super funds should review their estate plan now to ensure that it is not adversely impacted by the new rules.

The article outlines what is a disclaimer, the effect on a mortgagee, and what can be done to resolve these problems.

KordaMentha claims that four gas turbines are subject to ANZ's security interest and may be sold to recover the ANZ debt.

Summary & link to video exploring a concept still unfamiliar to many Australian creditors: selling creditor claims for immediate liquidity.

The scheme involves the Federal Government accepting 50% of the risk on unsecured loans to SMEs from approved lenders.