Resources Education Breakfast
Jul 2014 |Please join our Brisbane seminar as Audine Bartlett, Senior Associate, Mark Kenney, Special Counsel and Matt Couper, Special Counsel, examine foreign corrupt practices and anti-bribery laws, recent decisions on Consequential Loss in Australia and the return of private M&A activity.
Foreign corrupt practices and anti-bribery laws: Remaining blasé about foreign corrupt practices law is an increasingly risky game
Audine Bartlett, Senior Associate
Corruption has become more of a focus in Australia recently (as it has in both the UK and US). It has been over 4 years since Rio Tinto executive and Australian citizen, Stern Hu, was jailed for 10 years in China for taking bribes and stealing trade secrets. Many Australian companies operate in, or have a nexus with overseas jurisdictions, and thus need to be aware of, and protect against, the risk of employees, contractors and agents engaging in acts of bribery overseas. This is particularly important for companies operating in jurisdictions with low levels of transparency and high levels of public sector corruption. To comply with anti-corruption laws in Australia, the UK and US, it is critical for companies to establish a thorough and effective corporate compliance program.
Audine’s presentation will:
- Examine the anti-bribery law in the key jurisdictions of Australia, The United States of America and the United Kingdom;
- Highlight the consequences for persons and companies who engage in foreign corrupt practices; and
- Provide some practical safeguards on how a company can become anti-bribery compliant.
Recent decisions on Consequential Loss in Australia
Mark Kenny, Special Counsel
With recent changes in the resources landscape, there has been a closer analysis of contractual recovery rights and, in particular, the ability to recover upstream or consequential losses. This remains an area of some uncertainty.
Mark's presentation will examine recent case law relating to consequential loss and will focus on:
- The absence of consistent judicial interpretation of the meaning of consequential loss in Australia; and
- When defining consequential loss in contracts, the need to look at the whole contract and the relationship of the parties to ensure that the appropriate losses are included.
The return of private M&A activity: considerations in planning for the acquisition or disposal of assets or subsidiaries
Matt Couper, Special Counsel
The new financial year will hopefully see continued improvement in business confidence and corporate M&A activity. Many companies have been understandably hesitant to engage in acquisition activity or have been deferring the sale of a non-core operating division or surplus assets until market conditions improve. However with positive signs emerging in relation to increased private M&A activity, there are things that companies can be doing now to ensure a strong hand at the negotiating table when it comes time to do a deal.
Matt’s presentation will:
- Demonstrate the critical importance of getting the transaction structure correct when deciding between an asset or share deal;
- Discuss how the preparation and presentation of certain information, including in due diligence material, can add value to a disposal process;
- Consider the relationship between due diligence and warranties and how vendor and purchaser expectations can be managed; and
- Examine some common legal pitfalls in private M&A transactions in the mining and mining services industry.
When
16 July 2014, 07:30 - 09:00am
Where
Queensland Law Society
Level 2
179 Ann Street
Brisbane
RSVP
By Friday 11 July 2014 to Alyssa Watt
Phone | 07 3000 8445
Email | awatt@carternewell.com
A light breakfast will be provided. Kindly advise dietary requirements.
