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Knowledge

Our experienced lawyers share their unique perspectives on the latest market news and trends. Moulis Legal and our lawyers are highly ranked by respected peer review agencies Chambers & Partners, Who’s Who Legal and Best Lawyers. Our recognitions include consistent Band 1 recognition by Chambers & Partners Asia Pacific, and as one of Australia’s top 20 law firms (Chambers & Partners, 2015).

Show me the money! Connecting start-up founders to crowdfunding

Raising capital and accessing affordable finance is a key issue facing start-ups in Australia. There are relatively few early stage venture capital firms and financial institutions are often unwilling to invest in speculative or innovative ideas. In fact, a report prepared by the Department of Industry, Innovation and Science in 20161, found that Australia has the lowest investment in high-risk, early stage venture capital compared to other OECD countries.

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ACCC lays down the law on misuse of market power

In one of the largest shakeups of competition law in Australia, the controversial and highly anticipated ‘effects test’ for determining misuse of market power is set to come into operation in coming weeks. This follows the passing of wider reforms to the Competition and Consumer Act 2010 (Cth) (“the Act”) in October.

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ACCC merges its M&A review process

Following the highly publicised Harper review into Australian competition law, the long awaited reforms to the Competition and Consumer Act 2010 (Cth) (“the Act”) were passed in Parliament on 18 October 2017.

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Government to give itself new anti-dumping price fixing power

The ability of foreign exporters and local importers to compete in Australian markets will be further compromised if and when new anti-dumping “tilts” in favour of local producers become law. In a move that will be likely to cause concern to Australia’s trading partners, proposals were tabled in Federal Parliament here in Canberra on 13 September 2017 to allow the government to fix prices for imported products in the Australian market at higher levels than the prices in the home market from which they were exported.

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When you can’t let the dogs out – agreements that bite

Des Hasler was sacked as coach of the Canterbury Bulldogs Rugby League team on 19 September 2017. In April 2017 it was reported that Hasler and the Bulldogs had agreed to a two year extension to Hasler’s coaching contract. Or did they?

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SEO and IP – grabbing eyeballs using someone else’s good looks

Making sure your business can be found easily on the World Wide Web is big business. Search engines like Google are constantly changing who they put first, second, third, and one millionth in their search results. How high a business ranks depends on how it attracts the attention of Google’s algorithms.

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Directors’ duties – more than just good management

Directors play a central role in the management of a company and are therefore pivotal to its growth and success.  In addition to the day-to-day duties associated with operating and managing the business of a company, it is important that directors also understand the legal duties and obligations associated with their appointment.

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Land resumption in Queensland – profit from loss

There are several major infrastructure projects on the cards for Queensland. High priority State projects include the Cross River Rail and the Ipswich Motorway upgrades – both on the Australian Government’s recently revised Infrastructure Priority List.1 At local government level, the Brisbane Metro and the Sunshine Coast Light Rail Project are also planned.

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Why take the risk? Warranty and indemnity insurance in M&A transactions in Australia

Australian M&A activity has had a solid start in 2017, with Mergermarket reporting 107 deals amounting to $28.3bn in value in Q1, up more than 50% in value compared to the same period last year.  But in an uncertain world, it is crucial for buyers and sellers to limit their risk exposure when entering M&A transactions. Warranty and indemnity insurance seeks to address this, by pricing the risk and transferring it to an underwriter.

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Not cleared for take-off – High Court redefines agency relationships

The High Court of Australia recently handed down its highly anticipated decision in Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd [2016] HCA 49.

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