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ASIC's guidance on conflicts in vertically integrated funds-management businesses
ASIC has released a report looking at the way vertically integrated funds management businesses deal with conflicts of interest The report summarises the findings of ASICs recent review of a number of businesses and sets out some good practice recommendations Partner Marc Kemp and Senior Associate ...
Defining the objective of superannuation
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 ...
FSI outcomes - what will happen and when?
Are you interested in the financial system and how it is regulated The Federal Governments response to the Financial System Inquiry was recently handed down but it can be hard to work out where exactly things are heading We have put together a table that sets out what is likely to happen and when ...
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 ...
Public authorities - reduced protection against negligence
In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...
Supreme Court decision limits the scope of landholder duty in Queensland
The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...
Significant High Court decision on settlement of regulatory proceedings
The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...
SA Nuclear Fuel Cycle Royal Commission's tentative findings
The South Australian Nuclear Fuel Cycle Royal Commission has released its tentative findings The Royal Commission will now embark on a series of meetings at various locations around South Australia to discuss these findings with interested stakeholders Partner Richard Malcolmson and Senior Associate ...
Superannuation product dashboard and portfolio holdings disclosure draft legislation released
The Federal Government has released an exposure draft of new superannuation legislation and associated regulations which refine the current rules on portfolio holdings disclosure and product dashboards for superannuation funds The changes in the portfolio holdings disclosure area particularly ...
Commissioner threatens to issue higher tax bills
The Commissioner of Taxation has in a recent Australian Senate Estimates hearing expressed frustration that companies potentially subject to Australias cross-border anti-avoidance laws including the new Multinational Anti-Avoidance Law or MAAL which have documents offshore outside the reach of his ...