Following a decision earlier this year preventing a solicitor from acting in a class action in which the solicitor managed and controlled the representative plaintiff the Victorian Supreme Court has held that a solicitor and senior counsel should be prevented from acting in a class action in which ...

Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...

Over five days in November Sydney played host to a series of major international conferences as part of the second Sydney Arbitration Week ...

Draft legislation has been released that contains details of the Exploration Development Incentive announced as part of the 2014-15 Federal Budget The scheme is designed to encourage equity investment in greenfield explorers by enabling explorers to issue exploration credits to its investors Partner ...

In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...

The level of public interest and popular support for regulation targeting excessive surcharging makes card payment regulation likely to be one of the first areas of reform following the publication of the Final Report of the Financial System Inquiry the FSI Report ...

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

An examination of a trustees duty to promote the financial interests of its MySuper beneficiaries is it outcomes-based or process-based ...

In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...

In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...