The High Court’s first decision for 2025 is of great significance for the law of trusts.  The High Court held, by a 4:3 split decision, that a successor trustee does...

MPH wrote recently on the common law position applicable in Australia (and briefly the statutory rules in NSW), in relation to the enforceability of restraint clauses. That article can be...

Introduction Restraint clauses are contractual provisions that restrict an employee from engaging in certain conduct following the termination of their employment.  A restraint clause is generally drafted having regard to:...

Summary Significant policy changes to foreign investment rules for residential property in Australia will come into effect as of 1 April 2025 and will continue for 2 years until 31...

The Whyalla Steelworks is again under the voluntary administration of KordaMentha, following the South Australian Government's intervention due to the deteriorating financial position of its owner, GFG Alliance. The state...

Background As you may be aware, for some years ASX’s policy (as set out in Guidance Note 8) has been to require listed entities who release announcements concerning material contracts...

While it may be uncomfortable to think about incapacity or death, proper planning offers peace of mind by ensuring your wishes are respected and people who you trust are appointed...

The Corporations Act 2001 (Cth) (“Act”) prohibits a proprietary company from having 50 or more non-employee shareholders. The exclusion of employee shareholders provides proprietary companies with an ability to incentivise...

The Australian Treasury has announced the release of a new Foreign Investment Portal to manage applications for Foreign Investment Review Board (FIRB) approvals, amongst other things. The new portal will...

MPH was recently engaged by a client to advise on conflicting security interests over the assets of a company that went into liquidation.  This was a timely reminder of the...

Many businesses sensibly adopt the practice of making a phone call to verify bank details before making a large funds transfer. The consequences of failing to do this were illustrated...

We are proud to announce that our Managing Director, Grant Pestell, has been recognised by Doyle’s Guide as one of Western Australia’s leading lawyers in Technology, Media & Telecommunications for...

The Insolvency Practice Schedule (IPS) in schedule 2 of the Corporations Act 2001 (Cth) permits the creditors of a company subject to external administration (as that term is defined in...

On 9 October 2024, the Australian Federal Government introduced into Parliament a Cyber Security Legislative Package 2024 comprising the: Cyber Security Bill 2024 (the Bill); Intelligence Services and Other Legislation...

Section 30 of the Bankruptcy Act 1966 (Cth) is a provision of wide import and broad application.  It permits the Court to make such orders as the Court considers necessary...

MPH is proud to have sponsored the MADALAH Youth Leadership Summit once again in 2024. The annual Summit empowers student leaders from the MADALAH cohort, aiming to build their leadership...

With the 2024 AGM (Annual General Meeting)  season under way for public companies with a financial year ending 30 June, it is important to ensure compliance with key regulatory requirements...

An article on ‘Good Leaver’ and ‘Bad Leaver’ provisions in Shareholders’ Agreements A Shareholders’ Agreement is a crucial document that outlines the rights and responsibilities of shareholders (and at times...

In the recent Federal Court decision of Specialised Welding Australia Pty Ltd v Disselkoen , legal principles concerning secured creditor rights, contingent claims, and the effect of a deed of...

In 2020, the Australian Government implemented the Enhanced Regulatory Sandbox Regime (Sandbox) to enable the testing of innovative financial services and credit activities without licences for 24 months from the...

The SOP Act commenced operation on 1 August 2022 replacing the Construction Contracts Act 2004 (WA) (CCA) and applies to most contracts for the carrying out of construction work or...

Background Recent amendments to the Fair Work Act 2009 (Cth) (“FWA”) provide the ability for employees, in certain circumstances, to now refuse contact or attempted contact from their employer (or...

A common question that arises in client dealings with the ATO, and one which has particular relevance in the increasingly proactive ATO recovery environment facing companies and their directors, is:...

Earlier this month the Joint Ore Reserves Committee (JORC) released a public consultation draft of the new version of its eponymous Code, intended to be introduced in 2025 to replace...

On Tuesday 30 July 2024 Regional Express Holdings Limited (Administrators Appointed) (ACN 099 547 270) and a number of its subsidiaries (ASX: REX) (the Rex Group) entered voluntary administration. Meanwhile,...

On 27 October 2022, the Senate referred an inquiry into the Australian Securities and Investments Commission (ASIC) to the Senate Economics References Committee for inquiry and report by the last...

To paraphrase a well-known quote: to litigate once may involve a compulsory disclosure process, to litigate twice may invoke the need to seek a release from the Harman undertaking.   Where...

Unfair Dismissal Part 3-2 of the Fair Work Act 2009 (Cth) (FW Act) allows national system employees to apply for an unfair dismissal remedy if they consider that the termination of their employment was...

Courts are commonly asked to consider applications for orders for the appointment of a "provisional" liquidator to a company's affairs. As a starting point, a provisional liquidator may be appointed...

In February 2024, the Federal Court of Australia made orders: setting aside a deed of company arrangement entered by Project Sea Dragon Pty Ltd (PSD); and winding up PSD in...

In a decision delivered last week, the Federal Court of Australia has rejected a bid by a major creditor for an inquiry into the conduct of the receivers and managers...

Earlier this year the ASX Corporate Governance Council released the draft 5th edition of the ASX Corporate Governance Principles and Recommendations which proposed various amendments to the 4th edition which...

The recent 2024-2025 Australian Federal Budget (Budget) announced, amongst other key economic forecast updates, proposed changes to the Capital Gains Tax (CGT) regime for non-residents of Australia. Whilst the details...

On 2 May 2024, ASIC Chair Joe Longo delivered a speech at the Responsible Investment Association Australasia (RIAA) Conference, outlining ASIC’s growing commitment to curb ‘greenwashing’, that is, the practice...

The passing of the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) reformed Australia’s laws on unfair contract terms (UCTs) to be more stringent on businesses entering into...

MPH has acted for ASX-listed COSOL Limited in connection with its acquisition of Core Asset Co Pty Ltd, an asset management consultancy with a blue-chip client base in the resources,...

MPH acted for public unlisted gold development and production company Bullseye Mining Limited in relation to the all-scrip off-market takeover offer made by Emerald Resources NL for the company, which...

Recall that in September 2022, the Optus data breach saw a hacker obtaining details of up to 10 million customers. Following right on its heels, in October 2022 the Medibank...

New amendments to the Rules of the Supreme Court of Western Australia 1971 (Supreme Court Rules) came into effect on 9 April 2024 which make it easier for Australian companies...

As you may have read, the Australian Competition and Consumer Commission (ACCC) has recently announced the introduction (from 1 January 2026) of a new compulsory merger notification and clearance regime,...

On 19 March 2024, Justice Derrington of the Federal Court ordered Holista to pay a penalty of $1.8m for breaching its continuous disclosure obligations.  Her Honour ordered its director Dr...

MPH recently acted for the respondent company in a single judge appeal in the Supreme Court of Western Australia against a decision of the State Administrative Tribunal with respect to...

  MPH Lawyers recently successfully acted for a liquidator seeking the Court’s approval under section 477(2B) of the Corporations Act 2001 (Cth) (Act) for approval to enter agreements which required...

Directors Dan Butler and Paul Cavanagh have recently contributed to the most recent edition of the ARITA Journal, the peak publication for restructuring, insolvency and turnaround specialists in Australia in...

MPH recently acted for the joint and several voluntary administrators of a listed company and two wholly owned subsidiaries, all under voluntary administration, seeking urgent relief to extend the maximum...

MPH recently acted for ASX-listed insurance broker AUB Group Limited in connection with the divestment of its majority interest in HQ Insurance Pty Ltd, a leading Sydney-based boutique insurance broker...

MPH Lawyers is a proud sponsor of the 2023 MADALAH Youth Leadership Summit. The Camp took place on Wardandi Borja (Busselton), November 3 - 6 2023 and was attended by...

MPH has acted for ASX-listed COSOL Limited in connection with its acquisition of leading asset management software and services provider AssetOn Group. The acquisition, for which COSOL will pay a...

MPH recently acted for listed company seeking urgent relief pursuant to the section 1322 of the Corporations Act 2001 (Cth) (Act) in relation to an inadvertent failure to properly appoint...

Sharing one of the highlights from the MADALAH 2023 Ball. Footage below captured by @lumieremediaperth sharing MADALAH's students journey, walking in two worlds with the support of one another. See...

MPH is delighted to announce the appointment of Cheryl Sun as a Director of our litigation division effective from 1 July 2023. For those who are not aware , Cheryl...

MPH acted recently for the owners of Western United Financial Services (WUFS), a leading Western Australia-based insurance broker, in connection with sale of the business to BMS Group, a multi-billion...

MPH acted recently for Adroit Capital Group ESG Pty Ltd and Reforme Resources Pty Ltd in connection with their investment into ASX-listed copper exploration entity NT Minerals Limited. The investment...

MPH acted recently for ASX-listed technology company FBR Limited (ASX:FBR) in connection with its recent capital raising involving a strategic share subscription and share purchase by U.K based shareholder M...

MPH was pleased to act for Bullseye Mining Limited in defending multiple oppression claims in the Supreme Court of Western Australia, commenced by a minority shareholder in July 2020, alleging...

MPH acted recently for ASX-listed technology company IXUP Limited (ASX:IXU) in connection with its pro-rata non-renounceable entitlement offer to existing eligible shareholders. Under the offer, eligible shareholders were entitled to...

MPH is proud to have sponsored MADALAH’s Youth Leadership Summit with Strandline Resources Limited. MADALAH Limited is a not-for-profit organisation that offers Secondary and Tertiary education scholarships for Indigenous students...

MPH acted for the Vendor in the sale of a 50% interest in a significant Western Australia agricultural business which has been operating in the South West for a number...

MPH acted for public unlisted gold development and production company Bullseye Mining Limited in relation to both the all-scrip off-market takeover offer made by Emerald Resources NL for the company...

MPH recently acted on the successful merger of longstanding client and connected vehicle solutions and telematics company Fleetsu Pty Ltd with the US-based Rand McNally fleet business, a division of...

MPH is very pleased to announce the appointment of Paul Cavanagh as our new Director from 1 January 2022. Paul Cavanagh joined MPH in 2016 and is a member of...

MPH is pleased to have once again acted for ASX-listed Enterprise Asset Management (EAM) business COSOL Limited, in connection with its acquisition of leading Brisbane-based EAM company Clarita Solutions Pty...

MPH is pleased to have assisted ASX-listed Cirralto Limited with two recent complementary business acquisitions. Cirralto is a transaction services business focused on providing business-to-business (B2B) payment services, digital trading...

MPH acted for a family office to secure the purchase of a circa $60M aircraft. Advised on financing option in respect of the purchase, and subsequently negotiated with various parties...

MPH acted for Acure Asset Management in the sale of its Baldivis retail property to ASX-listed property funds manager Charter Hall for $49m. Settlement was effected within 5 days of...

The two-night camp to Trinity College’s Camp Kelly in Dwellingup gave MADALAH’s emerging leaders the opportunity to bond with other indigenous students and mentors, take part in capacity building exercises,...

MPH recently acted for ASX-listed mineral sands explorer Strandline Resources Limited (ASX:STA) in connection with its fully underwritten $122 million equity capital raising. The equity capital raising comprised an: institutional...