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High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

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 ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

Welcome changes to the derivative charging rules for superannuation trustees
Insight 06 Jul 2016

The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...

Conflicts of interest and the duty to manage them
Insight 09 Aug 2016

The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...

Queensland foreign stamp duty surcharge - relief guidelines issued
Insight 03 Oct 2016

New relief guidelines have been issued on Queensland's foreign stamp duty surcharge ...

Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

Amendments to Retail Leases Act (NSW)
Insight 09 Nov 2016

New legislation has been introduced into the NSW Parliament that if passed will make significant amendments to a number of the provisions of the existing legislation governing retail shop leases ...

New legislation introduces criminal offences for false accounting
Insight 23 Feb 2016

The Federal Government has proposed new legislation that introduces two new criminal offences for false accounting into the Commonwealth Criminal Code The proposed false accounting offences are designed to help Australia comply with the OECDs Convention on Combating Bribery of Foreign Public ...

Polluter pays principle in action
Insight 23 Feb 2016

In a recent decision of the Victorian Supreme Court a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 Vic despite the pollution ...

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