261-270 of 287 results
Right here, right now; the CDR regime is live
The Consumer Data Right Act has been passed by Federal Parliament bringing with it significant changes for legal, risk and compliance teams operating in the finance, banking, energy and telco sectors ...
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
Fighting to protect Fintech innovations
The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...
ASIC's no action position on the wholesale/retail test for self-managed super funds
The Australian Securities and Investments Commission has announced that it will take no action where a self-managed superannuation fund trustee is treated as a wholesale client notwithstanding that the trustee does not have to meet the 10 million net asset threshold even though the financial service ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Court accepts market-based causation
Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...
High Court decision on retention obligations provides some clarity to liquidators
The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
The end of the PPSA transitional period - what happens now?
With the end of the transitional period under the personal property securities legislation fast approaching those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered even where they are transitional so there is no loss of ...
Mandatory margining: APRA final rules released
APRA has released its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives While these rules are based on the Draft released in February of this year and address some of the concerns raised during the consultation process there are still a ...