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Trustee insolvency - the Full Federal Court weighs in to the debate
Insight 29 Mar 2018

The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

Build-to-rent - structures for success
Insight 24 Aug 2018

While it is an established asset class offshore particularly the US and UK the build-to-rent market in Australia is in its infancy For build-to-rent to become an established asset class in Australia social legal tax and broader economic challenges need to be overcome Recent legislative reform and a ...

Certainty to return to Aboriginal cultural heritage in Queensland
Insight 03 Sep 2018

Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. ...

ASIC extends by a further year licensing relief for foreign financial service providers
Insight 03 Oct 2018

The recent ASIC Corporations Amendment Instrument 2018807 extends by a further year licensing relief for foreign financial service providers who carry on a financial services business in Australia without an Australian financial services licence While its another welcome licensing reprieve for such ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

Right here, right now; the CDR regime is live
Insight 02 Aug 2019

The Consumer Data Right Act has been passed by Federal Parliament bringing with it significant changes for legal, risk and compliance teams operating in the finance, banking, energy and telco sectors ...

The end of the PPSA transitional period - what happens now?
Insight 24 Jan 2014

With the end of the transitional period under the personal property securities legislation fast approaching those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered even where they are transitional so there is no loss of ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...

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