371-380 of 725 results
ASIC to seek recovery of investigation costs
This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...
UK Supreme Court counters High Court on penalties
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 ...
Class actions game changer averted - for now
A potential game changer that sought to test the boundaries of the class action regime has been averted after the Federal Court refused to make a common fund order in the shareholder class action against Allco Finance The court has however questioned whether legislative reform is required to deal ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
E-signature - a case study, but not a test case
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 ...
Finally - a class action regime for Queensland
Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...
Forge-ing ahead - the treatment of fixtures under the PPSA
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. ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...
English High Court provides important guidance on approach to LIBOR mis-selling claims
The English High Court has handed down its judgment on the first major case following the global regulatory investigations into alleged LIBOR manipulation ...
Improving external dispute resolution schemes - rather odd recommendations
It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...