1091-1100 of 1167 results
Guarantors owed a duty of care under the Code of Banking Practice
A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...
Bill to repeal equal representation rules for superannuation trustee boards
Treasury today released what appears to be an extract from an Exposure Draft Bill that will remove the equal representation rules in the Superannuation Industry Supervision Act 1993 Cth and require at least a third of the directors of superannuation trustee boards to be independent If passed the ...
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 ...
Bitter Harvest yields fertile ground for MIS reform
Last month the Senate Economics References Committee handed down its long-awaited report on the structure and development of agribusiness-managed investment schemes The Committees inquiry into agribusiness schemes had been instigated in June 2014 by Greens Senator Peter Whish-Wilson While there had ...
First successful prosecution under Australian criminal cartel conduct provisions
Nippon Yusen Kabushiki Kaisha has been fined 25 million in the first criminal cartel conduct prosecution commenced in Australia providing guidance on how a court will determine penalties under the criminal cartel laws ...
New EU rules raise the bar for data security
The EU General Data Protection Regulation GDPR which will apply from May 2018 includes enhanced data security requirements and obligations to notify regulators and individuals of data breaches A failure to comply with key provisions may lead to a fine of up to euro20 million or 4 per cent of global ...
First civil penalty order for breach of FOFA duties
The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...
Court enforces four-year restraint
A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...
Raising capital, raising standards: managing conflicts of interest in sell-side research and corporate advisory
ASIC continues its mission to enhance the regulation of Australias equity markets with its recent publication of Consultation Paper 290 on managing conflicts of interest when dealing with sell-side research and corporate advisory The proposed amendments will primarily target investment banks and ...
A long time coming: The Retirement Income Streams Review Report
Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...