381-390 of 462 results

Your guide to the 'Your Future, Your Super' package reforms
Insight 27 Nov 2020

Consultation is now open on the Government's 'Your Future, Your Super' package. As foreshadowed on Budget night, the package seeks to make three key changes to the current superannuation regulatory regime. ...

APRA's revised Prudential Standard CPS 511 on remuneration frameworks and incentives for ADIs, superannuation funds and insurers
Insight 16 Nov 2020

After 17 months of consultation and internal review, APRA has released its revised draft prudential standard on remuneration (CPS 511) seeking to regulate incentive structures across all APRA-regulated entities. ...

Internal emails, multiple recipients and the question of privilege
Insight 08 Dec 2020

The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...

A win to litigation funders in employment class actions
Insight 19 Nov 2020

A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...

A key landmark in IBOR transition
Insight 23 Oct 2020

The long-awaited ISDA IBOR Fallbacks Supplement and Protocol will be going live today with the endorsement of ASIC, the RBA and APRA. They implement new benchmark fallbacks for both future and existing derivative contracts, facilitating the efficient transition from LIBOR and other IBORs in anticipation of their discontinuation. If you have a derivatives portfolio, the Protocol allows quick and easy adoption of the new fallbacks through a one-off adherence. That said, it may not be sufficient to cover all scenarios. ...

Superannuation trustees and 'efficiently, honestly and fairly'
Insight 23 Sep 2020

The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...

Australia's second shareholder class action judgment
Insight 26 Oct 2020

In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...

Linklaters: Key finance insights
Insight 06 Oct 2020

The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions. ...

Dollars and sense: the evolution of executive remuneration practices
Insight 30 Sep 2020

The need for robust executive remuneration frameworks is becoming increasingly important as companies tackle the challenges arising out of the COVID-19 pandemic, a heightened regulatory environment and the need to strike the right balance with executives to drive and reward conduct and performance t ...

ASIC issues hardship withdrawal relief to responsible entities
Insight 15 Sep 2020

In response to the COVID-19 pandemic, ASIC has provided relief reminiscent of the GFC to allow hardship withdrawals from frozen funds.  The COVID-19 version of hardship-relief goes further than its GFC predecessor in many respects. We provide an overview of the issue. ...

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