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Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...
Full Federal Court blocks US depositions for Australian class action
The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...
Supply chains in the spotlight: Establishing an Australian Modern Slavery Act
The Australian Government has announced the launch of a broad inquiry into establishing a Modern Slavery Act in Australia The inquiry will consider whether the introduction of anti-slavery legislation would strengthen and improve Australias current regime to combat slavery If introduced a Modern ...
Defining the objective of superannuation
The Government released a discussion paper on the Objective of Superannuation today The paper says that the Government will enshrine in legislation the primary objective recommended by the Financial System Inquiry being To provide income in retirement to substitute or supplement the Age Pension ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...
Life insurance remuneration draft regulations released
The Government has released an exposure draft of the Corporations Amendment Life Insurance Remuneration Arrangements Regulations 2016 The draft regulations provide some further detail to support the implementation of the Corporations Amendment Life Insurance Remuneration Arrangements Bill 2016 which ...
Life insurance, conflicted remuneration and commissions
The Bill to amend the conflicted remuneration provisions in the Corporations Act for life insurance has been introduced into Parliament a second time and draft regulations have been released for comment However we struggle to know how to describe them because the changes seem to have conflicting ...
Mandatory margining
Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...
The beginning of the end of the unit trust's monopoly? A look at corporate CIVs
The Board of Taxations report on tax arrangements applying to collective investment vehicles advocates extending tax neutrality to three additional collective investment vehicles corporates modelled on the Luxembourg SICAV limited partnerships and common contractual funds In this issue we examine ...
Regulating bonuses: will Australia be next?
The UKs Financial Conduct Authority and Prudential Regulation Authority released rules in June this year to further tighten what are already fairly onerous restrictions on the payment of bonuses to staff in banks building societies and certain big investment firms The worlds financial regulators ...