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Life insurance advice remuneration legislation released
Insight 04 Dec 2015

The Government released yesterday an exposure draft of the Corporations Amendment Life Insurance Remuneration Arrangements Bill 2015 The Government says the Bill removes the current exemption in the Corporations Act from the ban on conflicted remuneration for benefits paid in relation to certain ...

New environmental responsibilities for corporates, officers, financiers and others in Queensland
Insight 16 Mar 2016

The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

Being 'professional' under D&O insurance policies
Insight 08 Mar 2016

In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...

Conflicted remuneration, dreaming and the law of common sense
Insight 05 Feb 2016

How many times have you heard someone say FoFA is settled Next time you hear that you should reach for one of the many quotable quotes from The Castle and tell em theyre dreamin First there are the so-called Retail life insurance industry reforms Then get ready for remuneration reforms in the ...

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 ...

Bill to repeal equal representation rules for superannuation trustee boards
Insight 26 Jun 2015

Treasury today released what appears to be an extract from an Exposure Draft Bill that will remove the equal representation rules in the Superannuation Industry Supervision Act 1993 Cth and require at least a third of the directors of superannuation trustee boards to be independent If passed the ...

Class actions game changer averted - for now
Insight 10 Aug 2015

A potential game changer that sought to test the boundaries of the class action regime has been averted after the Federal Court refused to make a common fund order in the shareholder class action against Allco Finance The court has however questioned whether legislative reform is required to deal ...

UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

Superannuation and the Government's response to the FSI
Insight 06 Nov 2015

The Governments response to the FSIs superannuation recommendations is as with much of the rest of the responses somewhat safe and as a result arguably disappointing As with the Inquirys recommendations it shifts from the sublime to the ridiculous ndash on the one hand it deals with the really ...

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