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 ...

The Government released yesterday an exposure draft of the Corporations Amendment Life Insurance Remuneration Arrangements Bill 2015 The Government says the Bill removes the current exemption in the Corporations Act from the ban on conflicted remuneration for benefits paid in relation to certain ...

A long-awaited change designed to reduce the compliance burden for security interests arising from short-term leases of serial numbered goods is one step closer to becoming law Partner Karla Fraser and Law Graduate Katharine Ward report ...

The Governments response to the FSIs superannuation recommendations is as with much of the rest of the responses somewhat safe and as a result arguably disappointing As with the Inquirys recommendations it shifts from the sublime to the ridiculous ndash on the one hand it deals with the really ...

The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...

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 ...

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

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 ...

The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...