Defining Matters

Partners Kam Jamshidi and Nicole Pedler examine the Dexus v Australia Pacific Airports Corporation litigation.

Exploring:

• Why the disclosure was so significant, particularly given the recipients involved.
• Why the breach was found to be material and irremediable, and what a breakdown of trust between joint venture parties means in practice.
• The board’s role in issuing the default notice and related drafting considerations.
• Key lessons for dealmakers, including exit planning and more controlled approaches to information disclosure.