461-470 of 876 results
Important AMIT regime developments
The Australian Securities and Investments Commission has granted relief to assist responsible entities of registered schemes to make changes to their constitutions to qualify for the new attribution managed investment trust regime without holding a members meeting In addition and in response to ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...
FIRB shines the spotlight on tax issues
The Australian Government has announced that in applying the national interest test to future foreign investment applications it will be requiring investors to satisfy a series of tax compliance and disclosure obligations relating to the tax implications of the proposed investment and the ...
Major overhaul of Australia's foreign investment laws: what's new?
The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...
Contractors face uphill battle restraining security calls
The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...
New measures on resilience, collateral protection and client money
The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...
Australia has lifted certain sanctions on Iran
In response to recent confirmation that Iran has met its international nuclear commitments the Australian Government has lifted all nuclear-related economic and financial sanctions against that country ...
Guarantors owed a duty of care under the Code of Banking Practice
A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...
Product rationalisation - again
The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...