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PPS deregulation measures one step closer
Insight 09 Jul 2015

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 ...

How to avoid anti-money laundering compliance headaches - financial product issues
Insight 03 Jul 2015

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 ...

Regulating bonuses: will Australia be next?
Insight 05 Aug 2015

The UKs Financial Conduct Authority and Prudential Regulation Authority released rules in June this year to further tighten what are already fairly onerous restrictions on the payment of bonuses to staff in banks building societies and certain big investment firms The worlds financial regulators ...

APRA's assessment of life insurers: 'must try harder'
Insight 03 Jul 2015

As an institution APRA can be partial to bureaucratese As keen readers of APRAs writings we sometimes find ourselves asking ndash what is APRA really saying here And that is a question worth asking when reading APRAs recent letter to life companies setting out its concerns with group insurance ...

The beginning of the end of the unit trust's monopoly?
Insight 03 Jul 2015

It is surprising the Federal Government did not make more of its release on 4 June of the Board of Taxations report on tax arrangements applying to collective investment vehicles We can only assume that the government was slightly embarrassed that the report handed to the previous government in 2011 ...

Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 03 Jul 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

Guarantors owed a duty of care under the Code of Banking Practice
Insight 21 Jan 2016

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 ...

Australia has lifted certain sanctions on Iran
Insight 18 Feb 2016

In response to recent confirmation that Iran has met its international nuclear commitments the Australian Government has lifted all nuclear-related economic and financial sanctions against that country ...

Product rationalisation - again
Insight 08 Dec 2015

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 ...

Contract Law Update 2015
Insight 11 Feb 2016

Our Contract Law Update provides an overview of important contract law decisions by Australian appellate courts in the past 12 months and considers their significance for the development of Australian contract law ...

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