481-490 of 590 results
Utmost good faith, life insurance and ASIC
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. ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
Coming this spring: ACCC to monitor large merchants' payment surcharges
The Reserve Bank has now released a Standard which sets out what payment surcharges will be permitted for the purposes of the new Part IVC of the Competition and Consumer Act 2010 Cth The aim of the Standard is to improve competition and efficiency by providing to consumers price signals associated ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
Personal Property Security regime commences in PNG
The commencement of the personal Property Security regime means an important changes to the companies transact business's report in Papua New Guinea. ...
AMITs are here (at last)
It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...
Will ASIC shift its regulatory focus from disclosure to suitability?
The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...
Managed investment trusts - the new regime
Exposure draft legislation to implement long-awaited changes to the tax regime for managed investment trusts is expected to be issued shortly ahead of the regimes recently announced start date of 1 July 2015 Partner Katrina Parkyn recaps some of its expected key features and likely impacts on the ...
Take care with agency arrangements - Flight Centre decision
The High Court has handed down its decsion in the high profile ACCC proceedings against Flight Centre where the organisation competed with airlines in the sale of international airline tickets and attempted to induce three major airlines to enter price-fixing arrangements. ...