221-230 of 238 results
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...
A class divide? The Boart Longyear creditors' scheme
The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement ...
Anti-money laundering and counter-terrorism financing: Key questions for boards and executives in 2017
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...
Directors' duties and cyber resilience
The Target data breach brought the liability of boards and directors in relation to cyber resilience into focus. Target's shareholders brought litigation against all of its directors, the chief financial officer and the chief information officer due to what was perceived as recklessness and disregar ...
Spotlight: Cyber breach at Target
There's a joke in the cyber security industry that there are two types of companies: those that know they have been hacked, and those that haven't yet found out. In November 2013, Target Corporation in the US learned this the hard way when it was told by law enforcement agencies that it had been sub ...
Unitranche financing in the Australian market
As regulatory and political pressure increases on the major banks in Australia alternative credit providers are entering the market with a variety of products to attract borrowers The unitranche loan is an example of one such product Partner Warwick Newell Senior Overseas Practitioner Alex Tonkin ...
Are CCIVS the beginning of the end for the Unit Trust's monopoly?
The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...
Efficiently, honestly and fairly - overarching and fundamental obligations?
In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...
AFCA's powers and obligations - 'systemic issues'
In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns. This Insight considers what can and should be done about such systemic issues. ...
APRA's guidance on the Protecting Your Super changes
On 8 May APRA released its answers to some frequently asked questions about the Protecting Your Super changes I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are in fact being asked in some cases very frequently about the PYS ...