91-100 of 177 results
ASIC to seek recovery of investigation costs
This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...
ASIC tweaks employee incentive scheme relief
Various amendments to ASICs employee incentive scheme class order relief have now come into effect Described by ASIC as minor and machinery in nature the clarifications and improvements were prompted in part by market feedback Partner Greg Bosmans looks at the changes ...
Major overhaul of Australia's foreign investment laws: what's new?
The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...
Being 'professional' under D&O insurance policies
In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...
Improving the role of the Appointed Actuary
APRA is seeking to improve the role of the Appointed Actuary in general and life insurance companies and has proposed some reforms in a discussion paper released earlier this year ...
Not better late - the Prime Trust appeal judgment
The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...
The ASIC Enforcement Review Taskforce unloaded
The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...
Last minute increase to scheme consideration - a more flexible approach?
A recent Federal Court decision shows a pragmatic approach by the court, in relation to takeover bids effected by way of scheme of arrangement ...
Treasury proposes tougher penalties for corporate and financial sector misconduct
The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...