Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018 Partner Gavin Smith Senior Associate Emily Cravigan and Lawyer Dougald Coulson report ...

ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...

The Australian Bankers Association last year commissioned Stephen Sedgwick to undertake a review of remuneration in retail banking ...

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 ...

Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...

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. ...

2016 was the Year of the Data Breach for Yahoo, as it announced three separate and significant data breaches. Although the consequences of these breaches are still unfolding, the financial cost to Yahoo is already significant – in 2017, Verizon slashed the price of its deal to buy Yahoo by US$350 mi ...

There's a joke in the cyber security industry that there are two types of companies: those that know they have been hacked, and those that haven't yet found out. In November 2013, Target Corporation in the US learned this the hard way when it was told by law enforcement agencies that it had been sub ...

In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns. This Insight considers what can and should be done about such systemic issues. ...