491-500 of 537 results

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

ASIC's no action position on the wholesale/retail test for self-managed super funds
Insight 11 Aug 2014

The Australian Securities and Investments Commission has announced that it will take no action where a self-managed superannuation fund trustee is treated as a wholesale client notwithstanding that the trustee does not have to meet the 10 million net asset threshold even though the financial service ...

Court accepts market-based causation
Insight 21 Apr 2016

Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

Trustees, start your reviewing! Super funds and the 'Member Outcomes Act': what needs doing, and when
Insight 17 Apr 2019

This Insight considers the new obligations imposed on super funds in light of the The Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2019. ...

Right here, right now; the CDR regime is live
Insight 02 Aug 2019

The Consumer Data Right Act has been passed by Federal Parliament bringing with it significant changes for legal, risk and compliance teams operating in the finance, banking, energy and telco sectors ...

Certainty to return to Aboriginal cultural heritage in Queensland
Insight 03 Sep 2018

Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. ...

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