221-230 of 593 results
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
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 ...
Competing class actions - a problem in need of a solution
As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...
Improving the role of the Appointed Actuary
APRA is seeking to improve the role of the Appointed Actuary in general and life insurance companies and has proposed some reforms in a discussion paper released earlier this year ...
Australian Financial Complaints Authority: a 'one-stop-shop' for financial dispute resolution
The new Australian Financial Complaints Authority is to replace each of the Superannuation Complaints Tribunal the Financial Ombudsman Service and the Credit and Investments Ombudsman in November 2018 ...
ASIC releases consultation paper on regulatory sandbox exemption for startups
ASIC has released a consultation paper on proposals to facilitate innovation in the financial services sector The proposals include details of the long-awaited regulatory sandbox It will be of interest to both emerging companies who may rely on the relief as well as investors in this space Senior ...
Counsel Assisting the Royal Commission alleges significant superannuation misconduct
The list of alleged breaches are divided into breaches of the SIS Act the Corporations Act and the ASIC Act we consider each of these and what it might mean ...
The fintech phenomenon - risks and opportunities
Everyone is talking about fintech What is it And what does it mean for the financial services industry and for regulation ...
How to avoid anti-money laundering compliance headaches - financial product issues
Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...
Guarantors owed a duty of care under the Code of Banking Practice
A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...