191-200 of 343 results
Recent decision on FoFA advice provisions - ASIC v NSG
The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...
Consumer protection in the banking, insurance and financial sector
The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Improving external dispute resolution schemes - rather odd recommendations
It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
Sidestepping arbitration clauses - a potentially explosive business!
The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...
The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Report: Class action risk 2016
Allens have gathered and analysed data which identifies some interesting trends that run counter to some of the typical commentary surrounding class actions in the media. ...
25 years of class actions
Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...
Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...