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Registered schemes' constitution
Insight 03 Jun 2016

ASIC has said it will grant relief to assist responsible entities RE of registered schemes to make changes to their constitutions to qualify for the new attribution managed investment trust or AMIT regime without holding a unitholders meeting Partner Marc Kemp and Law Graduate Antonia Ross review ...

Spotting hurdles in the race to market Australian funds in Asia
Insight 05 Apr 2016

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 ...

Coming this spring: ACCC to monitor large merchants' payment surcharges
Insight 02 Jun 2016

The Reserve Bank has now released a Standard which sets out what payment surcharges will be permitted for the purposes of the new Part IVC of the Competition and Consumer Act 2010 Cth The aim of the Standard is to improve competition and efficiency by providing to consumers price signals associated ...

Important AMIT regime developments
Insight 24 Jun 2016

The Australian Securities and Investments Commission has granted relief to assist responsible entities of registered schemes to make changes to their constitutions to qualify for the new attribution managed investment trust regime without holding a members meeting In addition and in response to ...

Improving the role of the Appointed Actuary
Insight 06 Sep 2016

APRA is seeking to improve the role of the Appointed Actuary in general and life insurance companies and has proposed some reforms in a discussion paper released earlier this year ...

The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

Protecting accrued superannuation benefits from adverse changes
Insight 06 Sep 2016

For a long time now superannuation lawyers have tried to work out the meaning of the following words a beneficiarys right or claim to accrued benefits and the amount of those accrued benefits must not be altered adversely to the beneficiary by amendment of the governing rules or by any other act ...

Not better late - the Prime Trust appeal judgment
Insight 06 Sep 2016

The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

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