501-510 of 528 results
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
The fiduciary duty of mortgage brokers?
There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...
A class divide? The Boart Longyear creditors' scheme
The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement ...
Amendments to PPS lease law - what you need to know
This Insight considers the effect of amendments to the Personal Property Securities regime, which are designed to reduce the PPSAs impact on the equipment hiring industry. ...
Anti-money laundering and counter-terrorism financing: Key questions for boards and executives in 2017
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...
Unitranche financing in the Australian market
As regulatory and political pressure increases on the major banks in Australia alternative credit providers are entering the market with a variety of products to attract borrowers The unitranche loan is an example of one such product Partner Warwick Newell Senior Overseas Practitioner Alex Tonkin ...
ACCC's Enforcement and Compliance priorities for 2018
A number of industries and issues are in the spotlight following release of the ACCCs 2018 Enforcement and Compliance Priorities by ACCC Chairman Rod Sims on 20 February 2018 The financial services energy commercial construction and agriculture sectors will be a focus in 2018 as well as the ...
Are CCIVS the beginning of the end for the Unit Trust's monopoly?
The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...
Efficiently, honestly and fairly - overarching and fundamental obligations?
In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...