Arnold Bloch Leibler
Arnold Bloch Leibler is a premier Australian commercial law firm that has earned a reputation for its passion, results and its innovative and commercially focused advice.
The firm is regularly involved in some of the most important landmark transactions in the country and assists its clients with their most important or difficult legal matters - when their reputation is at risk, in crisis situations or when embarking on key initiatives.
The firm provides strategic legal and commercial advice nationally to a diverse range of leading Australian corporations, high-net-worth individuals and large family businesses as well as international corporations.
|Senior Partner Mark Leibler AC appointed as Co-Chair of newly established Referendum Council
Australian Prime Minister, Malcolm Turnbull and the Leader of the Opposition, Bill Shorten, have jointly announced the establishment
of a 16 member Referendum Council on constitutional recognition of Aboriginal and Torres Strait Islander peoples. ABL senior
partner, Mark Leibler AC, has been appointed Co-Chair with Professor Patrick Dodson. Click here to read more.
Mark was also interviewed on the ABC Radio National Drive program by Patricia Karvelas in Melbourne (click here to listen).
|Chambers Asia Pacific acknowledges four additional ABL partners in 2016 rankings
Arnold Bloch Leibler has once again been recognised as a leading firm by the independent legal guide Chambers Asia Pacific across 11 different practice areas, with 21 individual lawyers being listed. The rankings and commentary published by Chambers are based on a combination of submissions made by the firm, client references, partner interviews and peer feedback. To read more, click here.
Article: Treaty Analysis: Australia-Germany ink post-BEPS double tax agreement
ABL Senior Associate Neil Brydges comments on the Australia-Germany tax treaty in an International Tax Review article written by Amelia Schwanke (www.internationaltaxreview.com). To read more, click here.
Article: Hird, board blamed for sorry saga
ABL partner Leon Zwier tells the Australian Financial Review that "taking a pragmatic approach and accepting discounted early penalties [would have avoided] years of pain and turmoil for the game". To read more, click here.
Arnold Bloch Leibler acts for Värde Partners on largest private equity deal in Australia and NZ
Arnold Bloch Leibler has advised global alternative investment firm Värde Partners (in consortium with KKR and Deutsche Bank) on its acquisition of the A$7 billion GE consumer finance business in Australia and New Zealand. This was one of the largest ever private equity transactions in the region. To read more, click here.
Arnold Bloch Leibler advises online furniture retailer Milan Direct on sale to Temple & Webster
Arnold Bloch Leibler has advised Milan Direct on its sale to Temple & Webster, which is planning to list on the Australian Stock Exchange To read more, click here.
Arnold Bloch Leibler ranked as a leading firm by Legal 500 2016
Arnold Bloch Leibler has once again been recognised as a leading firm by the independent legal guide The Legal 500 Asia Pacific across ten different practice areas. To read more, click here.
Arnold Bloch Leibler helps Kogan return to mobile market with Vodafone agreement
Arnold Bloch Leibler has advised Kogan Mobile Australia on its agreement with Vodafone, under which Kogan will be able to offer its customers mobile telephone plans on the Vodafone network. To read more, click here.
Arnold Bloch Leibler signs agreement with Indigenous communications provider Message Stick
Today Arnold Bloch Leibler (ABL) Senior Partner Mark Leibler AC signed a contract on behalf of the firm with Message Stick, Australia’s first Aboriginal national telecommunications service provider. To read more, click here.
ABL takes out Transaction Team of the Year at the 2015 Australian Law Awards
Arnold Bloch Leibler’s corporate & commercial group has won Transaction Team of the Year at the 2015 Lawyers Weekly Australian Law Awards, held at the Westin in Sydney.
The firm beat a number of larger national and international firms in the category, which was judged on outstanding client work by transaction-based teams over the last 12 months, market leadership and the teams’ contribution to their respective firms.
To read more, click here.
Moving into Mexico: ABL advises carsales.com Limited on its investment in SoloAutos
ABL has advised long-standing client carsales.com Limited on its acquisition of a controlling shareholding in SoloAutos, a leading automotive website in Mexico. The ASX-listed auto classifieds company will buy a 65 per cent stake in the Mexican business. To read more, click here.
Arnold Bloch Leibler advises SuperPay on acquisition of IP Payments as part of APAC strategy
Arnold Bloch Leibler advised SuperPay Australia Pty Ltd on its acquisition of IP Payments, a cloud based payments business with operations throughout Australia and New Zealand. To read more, click here.
Arnold Bloch Leibler advises IPAR Rehabilitation on 70% sale to Riverside
In another example of global private equity firms investing in Australian businesses, Arnold Bloch Leibler corporate & commercial partner Jeremy Leibler and senior associate Jeremy Lanzer advised IPAR Rehabilitation on all aspects of its 70% sale to Riverside Partners. To read more, click here.
Article: Tiers redundant in M&A: Gilbert
ABL partner and head of the corporate practice, Jonathan Wenig, comments on why the firm's independence has helped to grow its M&A practice, as quoted in the Australian Financial Review. To read more, click here.
Arnold Bloch Leibler advises Impact Investment Group on K1 Tower acquisition in Brisbane
Arnold Bloch Leibler has advised impact investment fund manager Impact Investment Group on all legal aspects of its acquisition of the K1 office tower at 1 King Street, Fortitude Valley, Brisbane. To read more, click here.
|Case note: Setting aside statutory demand: act early or risk running out of time (whether it’s your fault or not)
Adhesive Pro Pty Ltd v Blackrock Supplies Pty Ltd  ACTSC 288; BC201509136 (21 September 2015, Mossop AsJ)
Sydney partner Andrew Silberberg and lawyer Peter Scott consider a recent decision that serves as a warning that the 21-day rule for responding to statutory demands under s 459G of the CA is interpreted strictly – even where the delay is the fault of someone else. (Published in the Butterworths Corporation Law Bulletin). To read more, click here.
Case note: Approval of scheme of arrangement where expert determines it is not fair but reasonable
CIC Australia Ltd (No 2), Re  NSWSC 1314; BC201508697 (15 May 2015, Brereton J)
Sydney partner Andrew Silberberg and foreign lawyer Alon Greespan consider the the matter of CIC Australia Limited (No 2), whereby the court provided useful guidance on the procedural and material requirements for court approval of a meeting of the company’s shareholders under a scheme of arrangement. (Published in the Butterworths Corporation Law Bulletin). To read more, click here.
Case note: Application for review of receivers’ fixed remuneration, costs and expenses
Templeton v Australian Securities and Investments Commission  FCAFC 137;
BC201510286 (18 September 2015, Besanko, Middleton and Beach JJ)
Sydney partner Andrew Silberberg and lawyer Anna Tallis consider the matter of Templeton v Australian Securities and Investments Commission, whereby the receivers and managers of a managed investment scheme made an application to the Full Court of the Federal Court for review of their remuneration, costs and expenses which had been fixed by a registrar and affirmed by the primary judge. (Published in the Butterworths Corporation Law Bulletin). To read more, click here.
Article: Liquidators' personal liability for tax clarified — the Australian Building Systems decision – will a legislative response be forthcoming?
Sydney partner Clint Harding and lawyer Peter Scott discuss the recent High Court's rejection of the Commissioner's appeal in an article published by Thomson Reuters. To read more, click here.
Competition bulletin: Getting ready for Christmas ... and the new unfair contract laws
In the lead-up to the festive season, the ACCC’s recent case against Chrisco Hampers is a timely reminder for businesses to start preparing for the new unfair contract laws. To read more, click here.
Article: Insolvency Law Reforms
The Government released an 'Innovation Statement' on 8 December 2015, advocating reforms to increase and stimulate innovation, which included proposed changes to insolvency laws, drawn from the Productivity Commission’s 'Business, Set-Up, Closure and Transfer Report'. ABL was involved in submitting proposals and providing evidence to the Commission throughout its consultation and drafting process. To read more, click here.
Case note: Re Bluenergy Group Limited (subject to a DOCA)(administrator appointed)  NSWSC 977
The decision of the Supreme Court of NSW in Re Bluenergy Group Limited subject to a DOCA)(administrator appointed)  NSWSC 977 represents a novel construction of a secured creditor’s rights under section 444D(2) of the Corporations Act. To read more, click here.
Taxation bulletin: Liquidators' personal liability for tax clarified — the Australian Building Systems decision
On 10 December 2015, the High Court, in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq)  HCA 48, has held by a 3:2 majority that the retention obligation under section 254(1)(d) of the ITAA 1936, which states that trustees must retain monies sufficient to pay tax which is or will become due in respect of the income, profits or gains, does not arise prior to the issue of an assessment. To read more, click here.
Taxation bulletin: Victorian land tax surcharge update — 31 December 2015 deadline looming
In our 22 July 2015 bulletin, we outlined changes to the Duties Act 2000 (Vic) and the Land Tax Act 2005 (Vic) which introduced duty and land tax surcharges for entities with certain connections to non-residents. As the land tax surcharge will apply for the first time from 31 December 2015 and the State Revenue Office must be notified by 15 January 2016 if the surcharge will apply, it is timely to reflect on how it may apply in some common scenarios. To read more, click here.
Intellectual Property Arrangements in Australia
Arnold Bloch Leibler’s Competition team has made a submission in response to the Productivity Commission’s Issues Paper on Intellectual Property Arrangements (Oct 2015). The submission covers key issues including the relationship between IP and competition law and legal costs orders in minor IP disputes. To read more, click here.
Competition news: Arnold Bloch Leibler welcomes the government’s support for competition law reforms
In its response this week to the Harper Competition Policy Review, the Commonwealth government supported a number of important reforms to competition law advocated by Arnold Bloch Leibler, however, there remains much work to be done. To read more, click here.
Case note: Statutory demand set aside due to genuine dispute as to whether debt due and payable
Tuffrock Pty Ltd, Re  NSWSC 738; BC201505088 (12 June 2015, Black J)
Sydney partner Andrew Silberberg and law graduate Daniel Kirkby-Jones consider a NSW Supreme Court decision that provides two examples of where a genuine dispute may arise as to whether a debt is due and payable, for the purposes of setting aside a statutory demand. (Published in the Butterworths Corporation Law Bulletin). To read more, click here.
Case note: Time limits on admission to quotation on the ASX
Solco Ltd, Re  FCA 635; BC201505574 (24 June 2015, McKerracher J)
Sydney partner Andrew Silberberg and lawyer Timothy Zahara consider a Federal Court decision in which the Court took a flexible approach in extending the time frame for admitting shares to quotation on the ASX.(Published in the Butterworths Corporation Law Bulletin).
To read more, click here.
Case note: Transfer of shares by person who later becomes bankrupt void against trust
Taylor (Trustee), Re Kwok v Goldana Investments Pty Ltd (Recs and Mgrs Apptd)  FCA 517; BC201504394 (13 April 2015, Wigney J)
Sydney partner Andrew Silberberg and lawyer Peter Scott consider a Federal Court decision that serves as a reminder that the clawback provisions of the Bankruptcy Act will generally defeat any purported attempt by a bankrupt (or soon to be bankrupt) person to prevent their assets becoming available and divisible among creditors. (Published in the Butterworths Corporation Law Bulletin). To read more, click here.
Article: Duties of directors in related-party transactions
In this article, Arnold Bloch Leibler partner Jonathan Milner and senior associate Amelia Smith, explore the conflicting challenges facing directors in related party transactions - and recommend some steps to address these. (Published in the Australian Institute of Company Directors’ "The Boardroom Report", Volume 13 Issue 21. To read more, click here.
ABL senior partner Mark Leibler AC publicly comments on tax reforms in Australia
ABL senior partner Mark Leibler AC has received widespread press for his views on tax reform in Australia, for which he says the current government has the "perfect blueprint". Mark provided his thoughts on all aspects of the tax system and said that Australia should look to New Zealand as an example of effective measures, especially delivering personal tax cuts and increasing GST: "We do need to deal with these issues to make the tax system fairer and spread the burden. To read more, click here.
Competition partner quoted in the Australian Financial Review
Arnold Bloch Leibler partner, Matthew Lees, made comments about competition law issues in relation to Brookfield’s proposed $8.9 billion takeover of Asciano in the Australian Financial Review. To read more, click here.
Property & development bulletin: Changes to Melbourne Planning Scheme – Mandatory Built Form Controls
On 4 September 2015, the Minister for Planning exercised his powers of intervention to approve Amendment C262 to the Melbourne Planning Scheme. The Amendment introduces an interim (12 month) mandatory built form controls over land generally within the Central City. To read more, click here.
2015 Victorian Young Property Lawyer of the Year Award – Nomination form
The Law Council of Australia is conducting the 2015 Victorian Young Property Lawyer of the Year Award. The award is designed to recognise and encourage the talent and achievements of young property law practitioners in Victoria. To read more, click here.
Part IVA and consolidated groups: grazing on uncertainty – Sept 2015
Clint Harding and Peter Scott author this article on the Channel Pastoral decision in the Tax Institute journal Taxation in Australia, Volume 50(3), September 2015. To read more, click here.
Submission on the current unfair contract terms regime – August 2015
Arnold Bloch Leibler has made a submission to the Inquiry into the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015. The submission argues that the proposed extension of the unfair contract terms regime to small businesses would significantly undermine freedom of contract and commercial certainty. To read more, click here.
ABL Private bulletin: Powers of Attorney - more flexible legislation from 1 September
The new Powers of Attorney Act 2014, which comes into force in Victoria on 1 September 2015, introduces some welcome flexibility to the legislation. This legislation applies only to Powers of Attorney granted by individuals, and does not apply to Powers of Attorney granted by companies. To read more, click here.
Article: ABL rejects 'growth for growth's sake'
Eleven years after winning Law Firm of the Year, the head of our corporate & commercial practice, Jonathan Wenig, reflects on the firm's strategy and success.
To read more, click here.
Taxation bulletin: Inspector-General of taxation reports on ATO debt collection
Last week the Inspector-General of Taxation released the findings of his review into debt collection by the Australian Tax Office (ATO). Of the 19 recommendations, the ATO agreed to 16 in whole, part or in principle. To read more, click here.
Property & development bulletin: Recent changes to Stamp Duty and Land Tax in Victoria
Changes to the Duties Act 2000 (Vic) and the Land Tax Act 2005 (Vic) signal important changes for both foreign purchasers of property in Victoria, and local developers with off-shore investors. To read more, click here.
Submission - Competition Policy Review Final Report
Arnold Bloch Leibler has made a submission to Treasury in response to the Final Report of the Harper Competition Policy Review. It follows the submissions made last year on the Review's draft report and issues paper. To read more, click here.
Submission on Exposure Draft to Extend Unfair Contract Term Protections to Small Businesses – May 2015
Arnold Bloch Leibler was invited to make a submission after being identified by Treasury as a key stakeholder in the consultation process to extend the current consumer unfair contract terms regime to protect small businesses. Our earlier submission, in response to the initial consultation paper, was referenced in Treasury’s Decision Regulation Impact Statement, which explains the proposed changes. To read more, click here.