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Papua New Guinea votes to establish an Independent Commission Against Corruption
Insight 26 Nov 2020

On 12 November 2020, Papua New Guinea's (PNG) Parliament unanimously passed a Bill to establish an Independent Commission Against Corruption (ICAC). Almost a decade in the making, the successful passage of the Bill is a significant milestone in progressing PNG's anti-corruption agenda. ...

ASIC publishes final version of Regulatory Guide on Design and Distribution Obligations
Insight 14 Dec 2020

An overview of how the final RG deals with a key questions raised by issuers and distributors for Design and Distribution Obligations. We look at issues relevant to all industries, and then some particular questions for banking, superannuation and investments, and insurance. ...

FCA declares insurer in breach of duty of utmost good faith
Insight 03 Dec 2020

The Federal Court has declared that Youi Pty Ltd (Youi) breached its duty of utmost good faith under section 13 of the Insurance Contracts Act 1984 (Cth) (ICA) in relation to its handling of an insurance claim for damage to an insured's home. The decision is an important reminder of the broad scope and potential reach of the duty. ...

Australian foreign investment national security reforms – moneylending exemption survives, substantially intact
Insight 13 Dec 2020

As part of the national security reforms the Government had proposed to revoke the moneylending exemption in the case of security over a 'national security business'. This would have required foreign lenders to apply to the Foreign Investment Review Board for approval or exemption before undertaking routine loan participations. ...

Major FIRB reforms to commence on 1 January 2021
Insight 14 Dec 2020

The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...

Suburban hubs and the '20-minute neighbourhood'
Insight 10 Dec 2020

As cities grapple with how to open up following months of COVID-19 forced lockdowns, establishing '20-minute neighbourhoods' or suburban hubs could be an answer. ...

What happened in 2020 and what's on the horizon for 2021
Insight 14 Dec 2020

Year in Review 2020 and Year to Come 2021 summarises some of the major developments across Australia last year, and a selection of key changes that we anticipate over the coming year. There are links to further reading, where available. ...

Your guide to the 'Your Future, Your Super' package reforms
Insight 27 Nov 2020

Consultation is now open on the Government's 'Your Future, Your Super' package. As foreshadowed on Budget night, the package seeks to make three key changes to the current superannuation regulatory regime. ...

Linklaters Insights: Comparison of UK's new foreign investment regime and Australian FATA
Insight 11 Dec 2020

Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...

Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Insight 01 Dec 2020

Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...

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