161-170 of 1028 results
ASIC report on life insurance in superannuation
ASIC report on life insurance in superannuation and actions for superannuation trustees. In this Insight, we highlight further action superannuation trustees should be taking as identified in the Report against the backdrop of their regulatory obligations. ...
Laundy v Dyco – 'carrying on a business' when the law changes suddenly
The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...
DDO conditional relief: facilitating the reissue of life insurance policies
In a welcome move for life insurers reissuing or reinstating certain life policies, ASIC has registered the ASIC Corporations Instrument 2023/183. In this Insight, we provide a brief overview of the purpose of the Instrument and the relief granted by ASIC. ...
Security of payment: contractor insolvency and debt recovery in NSW
The recently introduced section 32B of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) prevents companies in liquidation from either serving or taking action to enforce a payment claim made under the Act. ...
Recovery and exit planning – new requirements for APRA-regulated entities
APRA has released Prudential Standard CPS 190: Recovery and exit planning (CPS 190), which aims to ensure that all APRA-regulated entities are prepared for scenarios that may impact the financial viability of their business. In this Insight, we provide an overview of the new requirements in CPS 190. ...
Allens advises on $350M Morphettville Racecourse redevelopment
Part of a competitive bid process, the developers and SAJC will redevelop the 10-acre, rezoned site into a mixed use precinct comprising residential, retail, hospitality and commercial. 'We ...
Is two better than one? A look at dual scheme of arrangement and takeover bid structures
The recent contest for control of Nitro Software Limited has thrust the strategy of concurrent scheme of arrangement and 'fall back' takeover bid structures back into the spotlight. We unpack it in our insight. ...
Regulating crypto – token mapping consultation paper hints at future licensing regime
The Australian Government published its consultation paper Token Mapping. In this Insight, we provide an overview of the Government's proposed approach and how it will impact regulatory reform in the crypto-asset sector. ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...
Sovereign wealth funds and capital call facilities – the issues to consider
We set out the legal principles around state immunity and also outline the rules in Australia regarding immunity from jurisdiction and immunity from enforcement as they relate to Sovereign wealth funds and capital call facilities. ...