491-500 of 591 results
Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...
Trustee insolvency - the Full Federal Court weighs in to the debate
The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...
Personal advice and the best interests duty
There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...
Clarity on what constitutes a misleading consumer guarantee representation
A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...
US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...
Navigating split dispute resolution clauses – where's Google Maps when you need it?
A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...
What you need to know about the draft Equator Principles 4
This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...
A multi-million dollar question – aggregating claims in class actions
The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...
ASIC Corporate Governance Taskforce Report
ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...
Round 1: Experiences with consumer lending practices
In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in their application and enforcement. ...