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Detailed analysis
Issues 11 Feb 2019

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in ...

Round 1: Experiences with consumer lending practices
Issues 10 Feb 2019

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in their application and enforcement. ...

Will ASIC shift its regulatory focus from disclosure to suitability?
Insight 04 Jun 2014

The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...

Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

Court finds PZ Cussons spotless in alleged laundry detergent cartel
Insight 19 Jan 2018

Allens acted for PZ Cussons in successfully defending the first contested hub and spoke cartel case brought by the ACCC ...

Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Insight 13 Mar 2018

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. ...

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. ...

Clarity on what constitutes a misleading consumer guarantee representation
Insight 04 Jul 2018

A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...

US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
Insight 20 Jul 2018

In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...

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