Navigating Safe Harbour

Australia is second only to the United States for rates of shareholder litigation. The introduction of Safe Harbour legislation is to be welcomed as providing a better opportunity for companies to restructure. However, unless carefully navigated Safe Harbour could be the next breeding ground for class actions. The interplay between safeguarding the success of a confidential workout in the listed company space and complying with disclosure obligations will be the most serious issue that any listed company in Safe Harbour faces. If the directors get the balance wrong, class actions may follow.

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The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Readers should take legal advice before applying it to specific issues or transactions.

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