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The latest from the High Court on contractual interpretation
Insight 30 Mar 2017

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

Report: Our look ahead to the private equity market in Australia
Insight 03 Apr 2017

With the current exit cycle coming to an end for many sponsors and large amounts of dry powder waiting to be deployed were expecting an uptick in new investment activity in Australia by private equity sponsors There are some key trends and sectors to look out for in 2017 The Private Equity team at ...

Move to require big banks' participation in comprehensive credit reporting
Insight 23 Feb 2018

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 ...

Infrastructure investment in Australia - the road ahead for institutional investors
Insight 11 Dec 2017

With large-scale privatisations slowing and intense competition for assets that do come to market institutional investors are looking to non-traditional assets to provide similar long-term stable and predictable returns ...

Government and ASIC announcements for FinTech sector
Insight 23 Mar 2016

There were three announcements this week that will serve to bolster the emerging Australian FinTech sector The Government released a statement in support of FinTech as part of its National Innovation and Science Agenda while ASIC issued two sets of guidance an information sheet for providers of ...

Defining the objective of superannuation
Insight 09 Mar 2016

The Government released a discussion paper on the Objective of Superannuation today The paper says that the Government will enshrine in legislation the primary objective recommended by the Financial System Inquiry being To provide income in retirement to substitute or supplement the Age Pension ...

ACCC releases draft Consumer Data Right Rules for consultation
Insight 15 Apr 2019

In preparation for the implementation of the first phase of the Consumer Data Right on 1 July 2019 the ACCC has released draft CDR Rules for consultation The draft rules detail how the CDR will function across all designated sectors in practice including how data is to be shared the criteria for ...

Design and distribution obligations - products caught (or excluded)
Insight 17 Apr 2019

Four and a half years after the FSI recommended a targeted and principles-based design and distribution obligation the Design and Distribution Obligations and Product Intervention Powers Act 2019 the Act has recently received the Royal Asset Although the design and distribution obligations will not ...

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. ...

Improving accountability and member outcomes in superannuation?
Insight 25 Jul 2017

The Federal Governments proposed new superannuation legislation imposes significant new obligations on RSE licensees and could have a material effect on shareholders The Allens Superannuation team reports on the key changes ...

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