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Utmost good faith, life insurance and ASIC
Insight 05 Apr 2016

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...

Transparency and Accountability - and not just for Wall Street
Insight 07 Mar 2016

The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...

Australia and Singapore enter into Comprehensive Strategic Partnership
Insight 17 May 2016

The Australian and Singaporean governments have recently concluded discussions on a landmark agreement that will see the two countries cooperating across a range of strategic initiatives including in the areas of trade and economics innovation education people and defence The Comprehensive Strategic ...

ASIC releases consultation paper on regulatory sandbox exemption for startups
Insight 09 Jun 2016

ASIC has released a consultation paper on proposals to facilitate innovation in the financial services sector The proposals include details of the long-awaited regulatory sandbox It will be of interest to both emerging companies who may rely on the relief as well as investors in this space Senior ...

Value capture and getting smart
Insight 30 Jun 2016

The Australian Government has identified value capture and innovative financing as key elements of its Smart Cities Plan The move will have significant implications for traditional project finance By Paul Kenny Sector Leader Government and Phillip Cornwell Project Finance Consultant at Allens ...

NSW imposes stamp duty surcharge on foreign purchasers of residential land
Insight 30 Jun 2016

New South Wales has introduced a stamp duty surcharge of 4 per cent for direct and indirect acquisitions of residential land by foreign purchasers, with effect from 21 June 16. A land tax surcharge of 0.75 per cent will also be imposed on residential land owned by foreign persons, commencing 31/12 ...

Registered schemes' constitution
Insight 03 Jun 2016

ASIC has said it will grant relief to assist responsible entities RE of registered schemes to make changes to their constitutions to qualify for the new attribution managed investment trust or AMIT regime without holding a unitholders meeting Partner Marc Kemp and Law Graduate Antonia Ross review ...

Important AMIT regime developments
Insight 24 Jun 2016

The Australian Securities and Investments Commission has granted relief to assist responsible entities of registered schemes to make changes to their constitutions to qualify for the new attribution managed investment trust regime without holding a members meeting In addition and in response to ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
Insight 07 May 2015

A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...

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