A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...

The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...

You might be getting tired of all of the talk about innovation and keen to see some of it actually happen The Governments recent announcements could help but there is a long way to go before the mining boom becomes the ideas boom ...

Uncertainty as to what information constitutes personal information under the Privacy Act will be clarified following the release of guidance from the Office of the Australian Information Commissioner The guide provides insight into how a complaint may be determined and offers key questions for ...

With an upward trend in large-scale ransomware attacks and the number of data breaches reported globally mandatory data breach notification will become law in Australia in February 2018 This will place privacy compliance and cyber security in sharp focus Partner Michael Park Lawyer Samantha Naylor ...

A long-awaited change designed to reduce the compliance burden for security interests arising from short-term leases of serial numbered goods is one step closer to becoming law Partner Karla Fraser and Law Graduate Katharine Ward report ...

Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...

In response to its concerns about the potential risks associated with shared computing services including cloud computing APRA has issued an information paper that sets out prudential considerations and key principles for APRA-regulated entities using such services Partner Michael Morris Senior ...

This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...

The Federal Government has released a Proposals Paper on possible changes to bankruptcy and insolvency laws that will form part of its broader National Innovation and Science Agenda Reform to bankruptcy and insolvency law has been identified as an area that could contribute to changing the culture ...