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APRA's guidance on the Protecting Your Super changes
Insight 16 May 2019

On 8 May APRA released its answers to some frequently asked questions about the Protecting Your Super changes I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are in fact being asked in some cases very frequently about the PYS ...

What you need to know about the draft Equator Principles 4
Insight 11 Jul 2019

This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...

An opportunity for greater certainty for class action defendants
Insight 05 Oct 2016

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 ...

Supreme Court of WA sends EPC contractor back to arbitration
Insight 13 Jul 2016

In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...

Finally - a class action regime for Queensland
Insight 17 Aug 2016

Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...

Are super funds and managed investment schemes the next frontier for shareholders with activist agendas?
Insight 07 Oct 2016

A recent Federal Court appellate decision highlights the fundamental tension in the Corporations Act between shareholders power to propose resolutions at members meetings and the proposition that a company is to be managed by its Board of directors ...

Default superannuation under the microscope
Insight 07 Oct 2016

You may be forgiven for thinking the Productivity Commission is fixated on superannuation at the moment Its latest review centres on developing alternate models of allocating default members to products ...

A long time coming: The Retirement Income Streams Review Report
Insight 04 May 2016

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 ...

FoFA Bill passed by Senate
Insight 25 Nov 2015

The Governments Future of Financial Advice Bill was passed by the Senate yesterday While the Bill began its life as the so-called Streamlining Bill introduced by the Government on 19 March 2014 the Bill as passed yesterday bears very little resemblance to the Bill as originally introduced It is ...

Guarantors owed a duty of care under the Code of Banking Practice
Insight 21 Jan 2016

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 ...

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