Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...

You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...

Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018 Partner Gavin Smith Senior Associate Emily Cravigan and Lawyer Dougald Coulson report ...

With large-scale privatisations slowing and intense competition for assets that do come to market institutional investors are looking to non-traditional assets to provide similar long-term stable and predictable returns ...

ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...

There were three announcements this week that will serve to bolster the emerging Australian FinTech sector The Government released a statement in support of FinTech as part of its National Innovation and Science Agenda while ASIC issued two sets of guidance an information sheet for providers of ...

The Government released a discussion paper on the Objective of Superannuation today The paper says that the Government will enshrine in legislation the primary objective recommended by the Financial System Inquiry being To provide income in retirement to substitute or supplement the Age Pension ...

In preparation for the implementation of the first phase of the Consumer Data Right on 1 July 2019 the ACCC has released draft CDR Rules for consultation The draft rules detail how the CDR will function across all designated sectors in practice including how data is to be shared the criteria for ...