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The proposed PNG strata title scheme – what will change?
Insight 24 Oct 2019

In a development that is especially relevant to property developers and financial institutions, draft legislation to introduce a Papua New Guinea strata title scheme has been released. ...

The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
Insight 22 Nov 2019

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Insight 12 Dec 2019

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...

Goodbye, conflicted remuneration (and hello, conflicted remuneration)
Insight 13 Dec 2019

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...

Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

The future for foreign financial services providers in Australia – the latest from ASIC
Insight 04 Jul 2019

After much anticipation, ASIC has provided an update on its proposed changes to the licensing relief currently available to foreign financial service providers operating in Australia. ...

Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
Insight 19 Jul 2019

A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...

Does that raise a question of the criminal law?
Insight 15 Aug 2019

During Royal Commission hearings last year, Commissioner Hayne ominously asked one witness: Does that raise a question of the criminal law? This Insight considers the implications of this question for financial service providers. ...

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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