‘Establishing’ the Law: A Trade Mark Tale of Two Cities
Choosing and protecting a brand is a perennial problem for Australian business owners .In the recent case of Hemmes Trading Pty Limited v Establishment 203 Pty Ltd [2024] FCA 1100, the Federal Court has re-established the importance of due diligence when deciding a brand, and the significance and benefits of trade mark registration. What was the […]
Industrial Manslaughter Offences Now Passed in all Australian States and Territories
Key Takeaways: Industrial Manslaughter offences have now been passed in all Australian States and Territories. The stakes for officers and businesses in breaching safety laws have risen substantially in light of these reforms. Maximum penalties include up to life imprisonment for individuals and $20,000,000 for a Person Conducting a Business or Undertaking (PCBU). There is no consistency in Industrial […]
Australia’s Privacy Act Reforms – The beginning but (hopefully) not the end
“The Privacy and Other Legislation Amendment Bill 2024 is a significant step forward for Australian privacy law. It begins the much-needed work of updating our privacy laws to be fit-for-purpose in the digital age.” The Hon Mark Dreyfus KC MP, Second Reading Speech, 12 September 2024 There is no question that Australia’s Privacy Act is […]
SAFE Notes: not so safe after all?
Simple Agreements for Future Equity (SAFEs) have become a popular capital raising tool for companies and in particular, start-ups, since their inception a decade ago. Although designed to enable companies access to early-stage capital without the complexity of traditional debt and equity mechanics, SAFEs can often prove to be a far-cry from “simple”, as the […]
The symbiotic relationship between Agriculture and DER
Modern agriculture relies heavily on substantial energy inputs for irrigation, machinery operation, and greenhouse climate control. This demand for energy is likely to increase in future to mitigate against the effects of climate change such as temperature increases, rainfall pattern changes and extreme weather events. In fact, climate change and energy security have been identified […]
Key Considerations and Disclosure Challenges in Contested Scrip Takeovers
In M&A transactions, scrip deals are often used by bidders as they allow the target shareholders to retain part or full exposure to the underlying business and can be helpful in bridging the gap in value expectations, while reducing upfront cash paid by the bidder. As part of disclosure to target shareholders, it is customary […]
The Age-Old Handshake: The Importance of Formalising Estate and Succession Planning for Agribusinesses
“An estate plan should protect assets during a person’s life from risk and wasting, so they can be utilised to provide for the person, their dependents, and to sustain the family agribusiness.” Our dedicated Hamilton Locke Private team recently came together with the team at Beef Central to delve into the importance of estate and […]
Section 641 in Action: Navigating the Early Stages of a Hostile Takeover
While schemes of arrangement remain the dominant structure used in public M&A transactions, there has been a resurgence of takeover bids in recent years. We expect to continue to see hostile takeovers in circumstances where bidders make ‘opportunistic’ offers in a lower priced market and misalignment between the bidder and target valuation expectations. Some would […]
Hamilton Locke Ranked in Inaugural Best Law Firms™ in Australia Report
It’s an honour to see Hamilton Locke ranked in the inaugural edition of Best Law Firms™ in Australia, a publication milestone for Australia and the global legal community. The debut edition celebrates the top 2% of Australian law firms, highlighting professional excellence across various practice areas and jurisdictions. The 2025 edition of Australia’s Best Law […]
Hamilton Locke advises on the launch of the Australian Fisheries Investment Trust
Hamilton Locke has advised Atlantis Fisheries Consulting Group on the design and launch of a new wholesale managed investment scheme, the Australian Fisheries Investment Trust, which opened to investment last week. The scheme will raise capital to invest in a portfolio of sustainable Australian fisheries assets, a novel asset class with low correlation to traditional […]
7 Key Steps to Sell Your Business to Private Equity in Australia
Private capital markets have outperformed public equities in recent years, leading to an increase in asset allocation to private capital classes in Australia. Whilst M&A transaction volumes have remained depressed post-COVID-19, there remains a significant amount of ‘dry powder’ in the private equity sector waiting to be deployed. There are signs of green shoots in […]
Navigating the 2024 Queensland Land Valuations Changes
On 26 March 2024, the Queensland Valuer-General issued new land valuations to landowners for 20 local government areas in Queensland, including Banana, Barcoo, Bulloo, Central Highlands, Diamantina, Goondiwindi, Isaac, Longreach and Winton. The valuations reflect land values as at 1 October 2023, and are effective from 30 June 2024. Key Changes Some of the highest […]
