The case of Cantor v Audi provides insights into what you should consider before providing privileged documents to a regulator. ...

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

This insight explores the key questions that Australian boards and senior executives (who maintain oversight of risk and compliance issues) should be asking about the security of their foreign investments in 2017. ...

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...

As pressure from prosecution authorities increases it is becoming ever more important for international companies to be aware of the potential impact of criminal conduct committed by their executives and employees and the risks and liability the company may face as a result - not least in order to ...

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 ...

At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...

In the latest edition of Business Crime Quarterly our global alliance partner Linklaters with input from Allens looks at issues including the release of the Australian Governments long-awaited report on the statutory review of the Anti-money Laundering and Counter-terrorism Financial Act a number of ...