421-430 of 730 results
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 ...
Financial Services Class Actions
Our class actions team recently published our Class Action Risk 2016 report The objective of the report is to look behind the headlines and hype that often surrounds class actions to provide a more holistic and objective assessment of class action risk for our clients This is particularly important ...
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 ...
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 ...
CIPRs - some interesting findings
We recently hosted some workshops in Sydney and Melbourne to discuss the proposed CIPR framework The outcomes of those workshops were interesting - in some respects surprising - and this article provides a brief report ...
Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...
The efficacy of e-signatures
Allens has adopted e-signature using DocuSign as a service to clients. Senior Finance Counsel Diccon Loxton has written an article in two parts that examines the efficacy of e-signatures. ...
Allens insights: Brave new world where financial advisers work in sales
The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...
Rethinking Australia's regulatory approach to securitisation
The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...
Bigger sticks, smaller budget: ASIC's enforcement in 2015
In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...