A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

With the release of an ASFA Best Practice Paper on insourcing investment management we look at some of the challenges and opportunities for in-house legal teams that come with the seemingly inexorable move in the superannuation industry towards insourcing investment management functions ...

The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

The availability of an investment agreement with the host government is fundamentally important for a foreign investor considering the development of a large-scale project in a developing country In its continued efforts to recapture inbound direct foreign investment the Government of Mongolia has ...

A broadened definition of whistleblower reforms to establish greater protections for whistleblowers and increased sanctions for retaliatory conduct are some of the recommendations by a Senate committee looking into whistleblower protections in the corporate public and not-for-profit sector We expect ...

ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...

The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...

The Modern Slavery Bill has been introduced into Federal Parliament If it passes Australian entities or entities carrying on business in Australia with at least 100 million global consolidated revenue will be required to submit a statement on risks of modern slavery in their operations and supply ...

Australia's Sex Discrimination Commissioner, Kate Jenkins, announced on 20 June 2018 that the Australian Human Rights Commission would conduct the world's first national inquiry into sexual harassment in Australian workplaces. ...