1411-1420 of 4477 results
Defending unfair preference claims: set-off and security revisited
A recent Federal Court decision has highlighted two grounds on which creditors should consider defending unfair preference claims which are brought by liquidators Partner Chris Prestwich and Lawyer Tim Chiang look at a case that deals with what constitutes an unsecured debt and the extent to which ...
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 ...
Utmost good faith, life insurance and ASIC
The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...
A fait accompli: employee unfairly dismissed by labour-hire company
The Fair Work Commission has criticised a labour-hire company for dismissing a casual employee at the direction of a host company, without asking why ...
Australian Government proposes new foreign bribery offences
Australias lack of enforcement of foreign bribery legislation has attracted increasing criticism in recent years but the Federal Government is expected to soon table legislation proposing wide-ranging reforms We look at two key proposed changes for Australian companies ...
Court confirms life easier for default interest clauses post-Paciocco
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. ...
Exploring the duty implications of farm-in agreements in Queensland
The Queensland Government has introduced into Parliament legislation to provide a stamp duty concession for eligible farm-in agreements relating to exploration authorities and transfers of interests in exploration authorities under such farm-in agreements Partner Katrina Parkyn and Associate Jay ...
Royal Commission: Round 4 - experiences with financial service entities in regional and remote communities
In the Interim Report the Commissioner identifies four principal issues relating to agricultural lending ...
Preparing a target market determination for a financial product
As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...
The BEAR roars into action
The Federal Government has released the exposure draft of the Treasury Laws Amendment Banking Executive Accountability and Related Measures Bill together with a draft Explanatory Memoradum This follows on from the release of the Banking Executive Accountability Regime BEAR consultation paper in July ...