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Speakers:

• Dr Emma Armson – Associate Professor, UNSW Law & Justice
• Adam D’Andreti – Partner, Gilbert + Tobin Lawyers

Chair: Dr Scott Donald – Associate Professor, Director (CLMR), UNSW Sydney

Abstract:

This seminar examines the exceptions to the takeover provisions in the Corporations Act 2001 (Cth) allowing money lenders to take security over a company’s shares. It focuses on unanswered legal questions concerning the operation of the money lending exceptions when lenders obtain equity interests as part of secured lending arrangements. These legal questions will be discussed in the context of the historical development of the money lending exceptions and the policy issues arising from their operation.

Speaker Bios:

• Dr Emma Armson – Associate Professor, UNSW Law & Justice

Emma researches and teaches in corporate law, with a particular interest in takeover law and policy, and dispute resolution by the Takeovers Panel. She was an academic in the Law Faculties at the University of Sydney and the Australian National University before joining UNSW. Prior to becoming an academic, Emma had a decade of professional experience in corporate law. This included working on corporate law reform as a senior Federal Government policy officer and practising law as a Senior Associate at Minter Ellison. She has also been an in-house counsel at Westpac Financial Services and a Corporations Law Editor at CCH Australia.

• Adam D’Andreti – Partner, Gilbert + Tobin Lawyers

Adam is a partner in Gilbert + Tobin’s Corporate Advisory group. Adam specialises in acting on equity capital markets transactions and advising on Australian securities law issues. He has extensive experience advising both issuers and brokers on initial public offerings and secondary raisings in Australia and also regularly acts on public regulated merger and acquisitions transactions. Adam’s practice also extends to acting on private M&A transactions, advising on the ASX listing rules, executive remuneration, corporate governance, shareholder activism, shareholder matters and general corporate law issues.

• Dr Scott Donald – Associate Professor, Director (CLMR), UNSW Sydney

Scott Donald is Director of the Centre for Law, Markets and Regulation, UNSW Sydney. Scott joined the Faculty in 2010 after a successful career in the funds management industry advising governments, superannuation funds, insurance companies and fund managers on investment strategy, governance and regulation. In 2009-10 he was retained to advise the Review of the Governance, Efficiency, Structure and Operation of Australia’s Superannuation System (the Cooper Review). Scott teaches corporations, trusts and superannuation law at both undergraduate and post-graduate level. He regularly presents at academic, professional and industry conferences in Australia and overseas and publishes in both the academic and professional press on research related to financial services regulation, governance and superannuation policy.