521-530 of 730 results
Bested by 'best method' requirement
Australias unique statutory best method requirement continues to get the better of patent applicants and patentees Associate Claire Gregg looks at two recent decisions that provide some insight into the requirement of disclosing the best method known to the applicant of performing the invention at ...
The BEAR roars into action
The Federal Government has released the exposure draft of the Treasury Laws Amendment Banking Executive Accountability and Related Measures Bill together with a draft Explanatory Memoradum This follows on from the release of the Banking Executive Accountability Regime BEAR consultation paper in July ...
Subpoenas under the IAA: Foreign-seated arbitrations need not apply
A recent Federal Court decision suggests a narrow approach to judicial support of international arbitrations limiting access to evidence located in Australia for parties of foreign-seated arbitrations Partner Nick Rudge and Overseas Lawyer Caroline Swartz-Zern report ...
FX global code update
The FX Global Code was launched in Australia earlier this year and applies to market participants including most financial institutions bank asset managers brokers and E-trading platforms The Code sets out 55 best practice principles and although compliance is voluntary it is expected that these ...
BEAR Bill implementation date likely to change
This afternoon the Senate Standing Committee on Economics released their report on the Treasury Laws Amendment Banking Executive Accountability and Related Measures Bill 2017 BEAR Bill The Economics Committee recommends that the BEAR Bill be passed but recommends the commencement date be pushed out ...
First civil penalty order for breach of FOFA duties
The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...
The BEAR has dropped, where to from here?
The commencement date of the BEAR legislation is fast approaching and institutions should start planning how to comply with the regime We look at the changes made to the BEAR legislation following industry submissions the timing for implementation and key steps to take ...
Updated guidance on conflicted remuneration and other banned benefits
Earlier today ASIC released an updated version of Regulatory Guide 246 concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees The changes are largely to address the life insurance remuneration reforms which take effect on 1 January 2018 But there are other ...
Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...
Breach reporting by AFS licensees
In the hurly burly of the Royal Commissions recent hearings concerning financial advice you may have missed some very important information about breach reporting by AFS licensees contained in the witness statement prepared by Mr Peter Kell Deputy Chair of ASIC ...