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All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
Insight 01 Oct 2019

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 ...

ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

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?
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. ...

No safe harbours for mortgage brokers in latest reforms
Insight 26 Aug 2019

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?
Insight 07 Aug 2019

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
Insight 21 Jun 2019

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. ...

What's next for impact investing in Australia?
Insight 11 Jun 2019

The Australian impact investing market has grown considerably in recent years and growth is largely attributed to a surge of impact investment with focus on environmental rather than social outcomes. ...

Would you like financial services with your social network? Facebook consortium to launch new cryptocurrency
Insight 08 Jul 2019

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 ...

Treasurer's 'Roadmap' more a reminder than an explainer
Insight 18 Aug 2019

The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...

Superannuation trustees get prepared, as first reporting date to disclose portfolio holdings approaches
Insight 08 Aug 2019

After many years of deferrals, the first reporting date for superannuation funds to disclose their portfolio holdings is fast approaching, with trustees being required to disclose item-by-item investment holdings by late March 2020 ...

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