151-160 of 1185 results
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
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 ...
Summary dismissal for theft found to be unfair
A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...
Payments regulation reform update: the Government consults on the regulation of payment service providers
The Treasury recently published a further consultation paper in connection with its proposal to introduce a new licensing framework for payments-related activities. It refines and clarifies the proposals in the previous consultation paper published in June 2023. ...
No sticker shock for automakers as High Court unpeels labelling case
Earlier this week, the High Court handed down its unanimous judgment in the Mitsubishi fuel consumption labelling case, finding in favour of Mitsubishi. ...
Allens advises Pacific Equity Partners on FirstCape investment
The proposed transaction sees PEP acquire a 35% stake in FirstCape, with NAB and Jarden Wealth retaining shareholdings of 45% and 20% respectively. Allens advised on all Australian law aspects of t ...
Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...
Cyberwashing: a key focus for data breach class actions
It has now been a year since the Medibank and Optus data breach incidents that led to a surge in data breach class action filings in Australia. ...
The Federal Government issues its final response to the Quality of Advice review
The Federal Government has provided its final response to the Quality of Advice review, as part of its 'Delivering Better Financial Outcomes' package of reforms. ...
High Court provides guidance on class action waiver clauses
The High Court of Australia has unanimously found that a class action waiver clause sought to be invoked in the Ruby Princess class action was an unfair term under the Australian Consumer Law. We examine the reasoning behind the decision and assess its implications for class action defendants. ...