In this issue we look at recent important decisions concerning calculating payment of accrued leave on termination redundancy of senior executives the redundancy risk posed by attempts to forcibly relocate employees disaggregating lawful and unlawful reasons in adverse action termination claims and ...

An examination of a trustees duty to promote the financial interests of its MySuper beneficiaries is it outcomes-based or process-based ...

The recent settlement of the Great Southern class action raises a number of interesting and important issues not only because the court took the unusual step of publishing its reasons for judgment after the settlement had been announced ...

Hands up if you tuned in to the Financial System Inquirys discussion of bank capital - but felt you didnt really understand the basics well enough to follow it closely To paraphrase one of our numerous recent prime ministers this article is here to help ...

The Federal Government has announced that ASIC will establish a public register of financial advisers, intended to benefit consumers, who will be able to check that their adviser is appropriately authorised and qualified before receiving personal advice. ...

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

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 ...

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 ...