461-470 of 1167 results
Allens advises Cerberus on acquisition of specialist SME lender
The partnership between Cerberus and the Axsesstoday management team is Cerberus' second successful acquisition in Australia. In 2018, it acquired Bluestone Group's Australasian mortgage lending an ...
ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
ASIC Corporate Governance Taskforce Report
ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...
Navigating split dispute resolution clauses – where's Google Maps when you need it?
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. ...
No safe harbours for mortgage brokers in latest reforms
Hot on the heels of its Implementation Roadmap, the Federal Government has released draft legislation introducing a best interests duty and banning conflicted remuneration for mortgage brokers. ...
PNG accedes to the New York Convention – what will change?
Papua New Guinea (PNG) recently acceded to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is likely to increase its attractiveness to foreign investors. ...
DDO and PYS - two cases of madness
Lawyers working in the field of financial regulation have become inured to said regulation producing weird, unintended outcomes. Even so, there are two outcomes produced by recently enacted laws that are unequivocally crazy. ...
Would you like financial services with your social network? Facebook consortium to launch new cryptocurrency
In a bold new play, a consortium led by social media giant Facebook has announced plans to enter the financial services sector through the launch of a cryptocurrency called Libra. Both a currency and a blockchain backed payment system, the project could have a profound impact on the financial servic ...