511-520 of 729 results
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
A blow to class action judgments achieving finality
In a recent decision, the High Court considered that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims ...
Take care! Court confirms the devil in the details for PPSA registrations
In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...
Product design and distribution rules
On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...
The changing landscape of international investment agreements
A recent United Nations Conference on Trade and Development report identifies recent trends in international investment agreements and investor-state dispute settlement - among them a rise in the integration of sustainable development objectives including via more careful regulation by states of ...
ASIC sell-side research consultation and proposed regulatory guidance
ASICs new regulatory guidance focuses on managing conflicts of interest and material non-public information when providing sell-side research As well as providing extensive guidance on managing conflicts of interest during the capital raising process ASIC provides its views on payment of ...
Human rights: The questions your board and executives should be asking
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues such as bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliance In the last of a five-part series ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...
ASIC's report on financial advice
ASIC has recently released a report about its work with the big four banks and AMP on adviser misconduct The report is essentially an update on the progress of ASICs Wealth Management Project and mostly contains information we already know The most interesting part deals with the results of ASICs ...
2017 Budget: increased scrutiny on competition in the financial system
The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...