Our experienced legal team regularly publishes papers from the Allens Arthur Robinson seminars and speakers papers from conferences. The papers cover a wide range of legal topics - you'll see the most recent papers listed below.
- 18 May 2011
Paper: Securities class actions in AustraliaSecurities class actions are now an established part of the Australian legal landscape. It is said that Australia is now the most likely jurisdiction outside of the United States in which a corporation will face class action litigation. Further, the Australian class action regime has been described as having 'one of the most liberal class action rules in the entire world'
- 19 August 2010
Paper: 5th John Lehane Memorial Lecture - August 2010Lord Hoffman discusses the influence of European law on the common law in English courts
- 06 May 2010
Paper: Employee Share Schemes - what you need to know about the new tax rulesThe Government announced some significant unexpected changes to the taxation of employee share plans as part of the May 2009 Federal budget, which were then significantly revised. Legislation introducing those changes became law on 14 December 2009. Partner Sarah Bernhardt looks at the changes on a plan-by-plan basis, focusing on the key issues that arise under different kinds of plans
- 18 March 2010
Paper: Company Losses: An old issue for a new eraPartner Martin Fry provides an analysis of the recent developments in the recoupment of prior year company losses
- 26 February 2010
Paper: Implications of the Federal Court's decision in the Lehman Brothers collapseIn City of Swan v Lehman Brothers Australia Ltd, the Full Court of the Federal Court unanimously held that section 444D of the Corporations Act 2001 (Cth) (the Corporations Act) does not authorise a deed of company arrangement that releases or compromises creditors' claims against third parties
- 18 December 2009
Paper: One hat does not fit all - Climate change polices in the Asia Pacific regionPartner Grant Anderson and Lawyer Fergus Green review 13 Asian nations' climate change regimes
- 28 September 2009
Paper: Current tax trends in Mergers and AcquisitionsPartner Martin Fry discusses recent trends in the tax aspects of mergers and acquisitions, focusing on scrip for scrip rollover and cost base push down, retail premiums in renounceable rights issues, and special dividends paid as part of a takeover bid
- 17 September 2009
Paper: Tapping the markets - director decision-making when raising equityCapital Markets Partners Robert Pick and Tom Story discuss equity raisings.
- 12 August 2009
Paper: Recent developments in Australian oil and gas regulationPartners Angus Jones and David Maloney provide an overview of recent developments in oil and gas regulation in Australia, including the proposed Carbon Pollution Reduction Scheme, carbon capture and storage, petroleum resource rent tax amendments, a review of the retention lease policy, Western Australian domestic gas reservation policy and coal seam gas and overlapping title legislation in Queensland
- 22 July 2009
Paper: Taxation of Employee Share Schemes - The Current State of PlayPartner Sarah Bernhardt provides an overview of the Federal Government's proposed employee share scheme reforms
- 16 July 2009
Paper: Securitisation and InsolvencyIt has been said that you cannot pour new wine into old skins. That is not a rule which has hindered the creativity of the promoters and designers of securitisation trust structures, especially over the past decade. Their efforts have resulted in exotic combinations of otherwise familiar debt instruments and trusts
- 08 July 2009
Paper: Construction projects and the apportionment of liabilitySenior Associate Andrew Byrne provides a brief overview of legal principles governing the apportionment of liability in the context of construction projects insurance.
- 21 June 2009
Paper: Insurance/Insolvency - View from the OutbackThis paper looks at the judicial management regime for insolvent Australian insurers and Chapter 15 of Title 11 of the US Code.
- 03 June 2009
Paper: Aggregation in Insurance and Reinsurance ContractsPartner John Edmond and Lawyer Daniel Mendoza-Jones look at claims arising out of one event or occurrence
- 27 May 2009
Paper: Latest developments in insolvent tradingThe present global meltdown has put directors in an invidious position: they may have assets on their books that they consider to be very valuable but little access to funding to borrow against them and little interest from buyers at what they consider to be appropriate values. This may be because potential buyers of assets are also having trouble accessing credit
- 26 February 2009
Paper: A practical insight into cross-border Cartels & LeniencyCompetition Law Partners Wendy Peter and Fiona Crosbie discuss the legislative framework of the Cartel Prohibition
- 19 November 2008
Paper: Insurance & Reinsurance - A review of recent reinsurance law decisionsPartner John Edmond and Lawyer Justin Simpkins look at some of the decisions in the last 12 months of the courts of Australia and England which relate to the reinsurer/reinsured relationship
- 19 November 2008
Paper: Insolvency - Advising a company in financial distressThe present global meltdown has put directors in an invidious position: they may have assets on their books that they consider to be very valuable but little access to funding to borrow against them and little interest from buyers at what they consider to be appropriate values. This may be because potential buyers of assets are also having trouble accessing credit
- 05 November 2008
Paper: Insolvency & RestructuringInsolvent trading: The latest developments and uncertain future
- 08 October 2008
Paper: Insurance & Reinsurance - D&O Insurance: Recent developmentsPartner Michael Quinlan and Senior Associate Andrew Byrne discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape
- 04 June 2008
Paper: Insurance & Reinsurance - Double insurance, Contribution and subrogation basic principlesPartner Oscar Shub and Senior Associate Jenny Priestley discuss Subrogation - basic principles and issues and Double Insurance and Contribution - basic principles and issues
- 07 May 2008
Paper: Mistakes and Misdeeds: External Administrators, Personal Liability and Loss of OfficeThis paper is concerned with things that can go wrong from the perspective of an insolvency practitioner engaged in an external administration governed by the Corporations Act 2001 (Cth)
- 16 April 2008
Paper: Insurance & Reinsurance ForumPartner Andrea Martignoni and Senior Associate Philip Hopley provide an update on Civil liability
- 12 March 2008
Paper: The Administrator's Casting VotePartner Michael Quinlan and Senior Associate Michael Popkin discuss regulations of the Corporations Regulations 2001 which apply to the convening, conduct of and voting at all creditors' meetings (as well as meetings of members, committees of inspection and committees of creditors) convened under Parts 5.3A, 5.4, 5.4B, 5.5 and 5.6 of the Corporations Act 2001 (Cth) (the Act) which deal with voluntary administration, deeds of company arrangement and liquidation.
- 22 February 2008
Paper: Directors' and Officers' InsuranceThis paper brings together a number of recent developments in the directors' and officers' (D&O) insurance landscape. Recent significant decisions by Australian courts and pronouncements by Australian policy makers mean that it is critical for directors and officers, as well as those who indemnify them and those who advise them, to be up to date with these latest developments and to understand their wider implications for D&O insurance in the future
- 15 February 2008
Paper: Unravelling the latest court decisionsPartner Michael Quinlan discusses four issues and concentrates on analysing four of the more interesting decisions of 2007
- 05 December 2007
Paper: How to tell if an insurance company is insolvent: what lessons we can learn from past insurance company collapsesAAR partner Michael Quinlan discusses a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) (the Act) insolvency and restructuring provisions
- 30 November 2007
Paper: Statutory DemandsSenior Associate Christopher Prestwich and Lawyer Adrian Fisher discuss the statutory demand regime in Part 5.4 of the Corporations Act 2001 (Cth)
- 07 November 2007
Paper: Direct Offshore Foreign Insurers (DOFIs) - the legislation and exemptionsPresented by AAR partners John Morgan and Dean Carrigan and Vicki Wilkinson, Manager of Insurance Access & Pricing Unit - Financial System Division, Australian Treasury
- 01 November 2007
Paper: Current debt/equity issues in a cross border contextMartin Fry discusses recent income tax developments relating to the debt/equity classification of arrangements used by Australian corporate entities when raising funds from offshore
- 16 September 2007
Paper: Voting at meeting - Adjudicating proofs for voting purposes and exercising the casting voteAAR partner Michael Quinlan discusses the requirements relating to voting at meetings
- 07 September 2007
Paper: Aspects of Australian Insurance & Reinsurance LawThis paper is intended to provide a detailed introduction to two important areas that insurance professionals in the London market should be aware of when dealing with Australian insurance and reinsurance risks
- 27 August 2007
Paper: The State of the Market - Insolvency and restructuring issues impacting insurance companiesPartner Michael Quinlan and Senior Associate Justin Coss address a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) insolvency and restructuring provisions
- 01 August 2007
Paper: A long and winding road: putting companies into liquidationAAR senior associate Christopher Prestwich and lawyer Adrian Fisher look at the issues to be aware of and new developments in the law
- 04 July 2007
Paper: Brokers: some practical issues and recent developmentsPartner Oscar Shub and Senior Associate Philip Hopley discuss insurance brokers ever-widening array of duties and obligations to clients and non-clients alike.
- 04 July 2007
Paper: International Insolvency: The latest developments on the global stageAAR partner Paul Nicols discusses recent developments in cross-border insolvency
- 15 June 2007
Paper: 'Don't take a slice of my pie': Defending your position as an unsecured creditor of a company in liquidationAAR partner Michael Quinlan and senior associate Chris Prestwich give an overview of the provisions dealing with preferences and uncommercial transactions before looking at some of the ways in which an unsecured creditor might go about avoiding in the first place or defending an unfair preference action
- 04 April 2007
Paper: Trade Practices issues for the Insurance IndustryPartner Carolyn Oddie and Senior Associate Emma Marsh discuss trade practices issues relating to the insurance industry
- 04 April 2007
Paper: Directors' duties and phoenix companiesAAR senior associate Angela Martin addresses both the identity and impact of phoenix companies in Australia and then reviews the most relevant directors' duties before turning to the remedies available when a breach of those duties occurs
- 28 March 2007
Paper: HIH Casualty & General Insurance Limited (in liquidation) v Wallace & OrsAAR partner Michael Quinlan looks at how the Insurance Act (NSW) applies to reinsurance contracts
- 18 March 2007
Paper: Cross-border developments in Australia - an updateAAR partner Michael Quinlan discusses recent cross-border developments
- 14 March 2007
Paper: Quick & Punchy - 2006 in reviewPartners Michael Quinlan and John Warde and Senior Associates Michael Popkin and Angela Martin look at a few of the significant insolvency and restructuring cases which were delivered in 2006
- 27 February 2007
Paper: The use of formal appointments in the restructuring of Australian corporationsAAR partner Michael Quinlan and Senior Associate Angela Martin look at the principal formal reorganisation structures for corporations in Australia available to financially troubled companies and considers the usefulness of those structures in the restructuring of Australian Corporations
- 21 February 2007
Paper: Insurance as a potential capital charge mitigant under the Basel II Capital Adequacy FrameworkAllens Arthur Robinson Partner Dean Carrigan presented the following paper at the 'Proactive strategies for achieving risk leadership in enterprise-wide capital allocation' conference held in Sydney on 14-15 Sydney 2007
- 07 February 2007
Paper: The second Harbour TunnelPartner Andrea Martignoni and Senior Associate Malcolm Stephens present a case study illustrating recent issues in construction insurance
- 07 December 2006
Paper: Solvent Schemes of ArrangementPartner Dean Carrigan and Overseas Practitioner Christopher Prestwich discuss solvent schemes of arrangement used by insurance companies to accelerate the run-off of their business, or parts of their business, while they are still solvent
- 01 November 2006
Paper: Public examinations - who can use them, when and for what?Senior Associate Philip Hopley and lawyer Georgia Price provide a general outline of the public examination procedure provided for by Part 5.9 of the Corporations Act 2001 (Cth) and the Corporations Law Rules.
- 17 October 2006
Paper: When can a liquidator pool a corporate group's assets? and other issuesPartner Michael Quinlan and Senior Associates Della Stanley and Angela Martin discuss when can a liquidator pool a corporate group's assets
- 04 October 2006
Paper: Directors' and Officers' Insurance - A Changing LandscapeMichael Quinlan and Mark Lindfield discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape
- 10 August 2006
Paper: Some construction insolvency issuesWe discuss a range of construction insolvency issues which banks may face when dealing with their rights
