The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

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 ...

The Government released yesterday an exposure draft of the Corporations Amendment Life Insurance Remuneration Arrangements Bill 2015 The Government says the Bill removes the current exemption in the Corporations Act from the ban on conflicted remuneration for benefits paid in relation to certain ...

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 ...

Last month the Senate Economics References Committee handed down its long-awaited report on the structure and development of agribusiness-managed investment schemes The Committees inquiry into agribusiness schemes had been instigated in June 2014 by Greens Senator Peter Whish-Wilson While there had ...

The Australian Government has identified value capture and innovative financing as key elements of its Smart Cities Plan The move will have significant implications for traditional project finance By Paul Kenny Sector Leader Government and Phillip Cornwell Project Finance Consultant at Allens ...

The introduction of the Asia Region Funds Passport ARFP has been in the works for some time The ARFP was one of the recommendations coming out of the 2009 Johnson Report and aims to provide a basis for cross-border marketing of managed funds in the Asia region While there has been a tendency to ...

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...