Flip of a Qoin – What is a non-cash payment facility?

In another first for the crypto industry, the Court has helpfully clarified what a non-cash payment facility is, specifically in the context of the blockchain, but the case remains instructive for both crypto and payments businesses alike. The question arose in Australian Securities and Investments Commission v BPS Financial Pty Ltd [2024] FCA 457 where […]

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 advises Energy Vault on ACEN’s New England BESS Project

Hamilton Locke has advised Energy Vault on the deployment of two battery energy storage systems (BESS) at ACEN Australia’s 720MW New England solar and battery project.  The BESS project, located in the New England region of NSW, has a capacity of 200MW/400MWh. The BESS will be charged and discharged to dispatch stored renewable energy at […]

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 […]

Hamilton Locke Advised Egress on Acquisition by KnowBe4

Hamilton Locke has been working alongside Orrick, Herrington & Sutcliffe (UK) LLP in advising Egress, a leader in adaptive and integrated cloud email security solutions, on the Australian aspects of negotiations of a definitive agreement for its acquisition by KnowBe4, a global leader and provider of the world’s largest security awareness training and simulated phishing […]

Privacy Awareness Week 2024

Hamilton Locke is proud to support the Office of the Australian Information Commissioner’s 2024 Privacy Awareness Week (PAW). This year’s theme of ‘power up your privacy’ encourages businesses, organisations and individuals to consider steps that can be taken to enhance transparency, accountability and security. Data-driven technology is providing promising advances for both the private and […]

Finding the interest in Finder Earn – debenture or not?

For the first time, debenture law has been applied to crypto products or services, with the Australian Securities and Investments Commission v Finder Wallet Pty Ltd [2024] FCA 228 (Finder Case) providing some clarity. Below, we explore the outcome in more detail, and share our key takeaways across six key questions: What was the Finder […]

ASX Compliance Update

Changes to ASX Listing Applications In a bid to enhance efficiency and clarity in the listing application process, the Australian Securities Exchange (ASX) has introduced several changes to its admission procedures, effective February 5, 2024. These changes set out in Compliance Update (no. 01/24) aim to simplify documentation requirements and improve compliance with spread and escrow […]

Regulatory riddles: Decrypting the Future of Crypto Staking and Earn Products

For the first time, the crypto industry has useful guidance on the application of certain financial product definitions to crypto products and services following the recent judgement in Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64 (Case), but not all issues have been resolved. We highlight below the key takeaways […]

Real Estate Markets Quarterly – Autumn 2024

Welcome to the Autumn edition of our Real Estate Markets Quarterly! In this edition, we delve into recent industry developments and offer insights into the trends that will shape real estate markets in 2024. Features in this edition include: An industry spotlight on Co-Founder and Director, Natalie Rayment Exploring incentives for Build-to-Rent Developments Changes Impacting […]