Learn through insight

From Red to Black is our annual review of significant developments and topical issues shaping the Australian restructuring and insolvency market. In this edition, we explore the key issues shaping the restructuring and insolvency landscape in 2025 and what they mean for businesses, insolvency practitioners and investors going forward.

The widely discussed new statutory tort for serious invasions of privacy (the statutory tort) has now commenced. Housed in Schedule 2 of the Privacy Act 1988 (Cth) (Privacy Act), the statutory tort extends the scope of the Act beyond its traditional focus on information privacy. Notably, it applies to individuals and entities that are not "APP entities" and would not ordinarily fall within the scope of the Privacy Act.

In light of the Dropsuite decision, target boards would be wise to ensure that shareholder intention statements clearly specify the reference date for assessing share ownership, to avoid ambiguity as to which shares are subject to the voting commitment.