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Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

A Commission of Inquiry - of the Royal, not the Parliamentary, kind
Insight 19 Dec 2017

Since the announcement of the Royal Commission into ahem financial services much has been written and said - a lot of which suggests that little attention is being paid to the terms of reference In this article I take a look at those terms ...

Australia - Fund Finance 2018, 2nd Edition
Insight 27 Feb 2018

Fund financing activities in Australia remained strong in 2017 with particular focus on infrastructure private equity funds and private debt funds which have taken advantage of the additional liquidity and funding flexibility in this market Allens Partner Tom Highnam Managing Associate Rita Pang and ...

The Royal Commission heats up
Insight 09 Apr 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry is well underway with its first round of public hearings wrapping up less than a month ago By reference to a number of case studies the first round of hearings focused on consumer lending practices In ...

International Comparative Legal Guide to Project Finance 2018 - Australia
Insight 25 May 2018

Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance Among other factors they discuss restrictions on foreign investment bankruptcy and restructuring proceedings tax and political risk in relation to changes in law ...

2018-19 Federal Budget - superannuation
Insight 15 May 2018

The 2018-19 Federal Budget has introduced a number of proposed superannuation-related changes, with a focus on protecting small balances, young members and existing retirees. ...

Royal Commission update
Insight 15 May 2018

The hearings in the Financial Services Royal Commission have been compulsory viewing not only for financial services industry participants and their regulators and professional service providers The hearings have exposed wide-ranging actual or alleged wrongful conduct that has captured the attention ...

If in doubt, get the whitewash out
Insight 11 Oct 2019

The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...

Report: Australian Infrastructure Investment Report 2019
Insight 14 Nov 2019

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...

The wait is over: Equator Principles 4 is here
Insight 25 Nov 2019

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

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