181-190 of 592 results
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...
Goodbye, conflicted remuneration (and hello, conflicted remuneration)
This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...
Allens advises CBA on $1.25bn Hybrid Issue
Allens is advising Commonwealth Bank of Australia ( CBA ) on its offer of CommBank PERLS XI Capital Notes, originally announced on 1 November 2018 to raise approximately A$750 million (or more or ...
Allens acts for Charter Hall on Folkestone acquisition
Allens has advised Charter Hall Group (Charter Hall) on its proposed acquisition of Folkestone Limited (Folkestone). The acquisition, structured as a scheme of arrangement, is valued at $205 ...
The Financial System Inquiry - matchmaking superannuation and infrastructure investment?
The vast pool of capital held in Australian superannuation funds now approximately A18 trillion has long been touted as a natural solution to Australias infrastructure funding deficit With the stable long-term cash flows characteristic of infrastructure assets providing a natural fit to the ...
ASIC's proposed competition objective
In its submission to the Financial System Inquiry the Australian Securities and Investments Commission has proposed the addition of a statutory objective to enable ASIC to consider the impact of its decision making on competition when exercising its statutory powers and functions This paper explores ...
Disclosure: current complexity, future clarity?
Since the 1996 Wallis Inquiry disclosure has been at the heart of the regulatory philosophy for the retail financial services sector in Australia Under the Financial System Inquirys terms of reference the Inquiry will refresh the philosophy principles and objectives underpinning the development of a ...
Allens insights: Brave new world where financial advisers work in sales
The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...
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 ...
UK Supreme Court counters High Court on penalties
The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...