161-170 of 1185 results
Another decision on adverse costs orders in employment class actions: should you expect a 'chilling effect' on employment class action risk?
Duck v Airservices Australia (No 3) is the latest in a series of cases that have grappled with the intersection of employment class actions, litigation funders and the traditionally 'no costs' jurisdiction of the Fair Work Act. We examine the decision and its potential impacts on employment class action risk. ...
'Remediation' as a legal term
ASIC's recent consultation paper (CP335) on proposed changes to its remediation guidance (RG256) may have created further space between what is legally required of remediations and what ASIC may expect of them. ...
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 ...
Full Court dismisses Port of Newcastle access appeal
The Full Federal Court has dismissed the Port of Newcastles application for review of the Australian Competition Tribunals decision to declare the Ports shipping channel service under the National Access Regime The Full Courts decision confirms the interpretation of the current declaration criteria ...
The Workpac decision – are your casuals really casual?
The Full Federal Court in WorkPac Pty Ltd v Skene [2018] recently decided that a casual fly-in fly-out labour hire worker was not really a casual and was therefore entitled to annual leave. ...
High Court affirms governments' power to pass 'draconian' seizure laws
The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...
Rethinking Australia's regulatory approach to securitisation
The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...
ASIC to seek recovery of investigation costs
This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...
FX global code update
The FX Global Code was launched in Australia earlier this year and applies to market participants including most financial institutions bank asset managers brokers and E-trading platforms The Code sets out 55 best practice principles and although compliance is voluntary it is expected that these ...
ASIC sell-side research consultation and proposed regulatory guidance
ASICs new regulatory guidance focuses on managing conflicts of interest and material non-public information when providing sell-side research As well as providing extensive guidance on managing conflicts of interest during the capital raising process ASIC provides its views on payment of ...