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Lessons from Singapore's new collective investment vehicle
Insight 13 Apr 2017

This Insight examines the lessons from Singapore's new collective investment vehicle ...

A step closer to industry funding of ASIC
Insight 07 Apr 2017

Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...

ASIC's report on financial advice
Insight 07 Apr 2017

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 and accountability in the financial system
Insight 10 May 2017

Treasurer Scott Morrison this week announced that he has tasked the Productivity Commission to review the state of competition in Australias financial system The Budget has also included other measures focused on competition in the financial sector including funding to establish a dedicated ACCC ...

Singapore Convention on Mediation: a step towards easier enforcement of international settlements
Insight 11 Jul 2019

On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention) will be open for signature.  It will come into force six months after three countries have signed, with Singapore expected to be the first State to do so. ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

Civil penalties: are negotiated outcomes still negotiable?
Insight 12 Mar 2014

A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...

Can listed companies continue to claim tax deductions for contributions to employee share trusts?
Insight 21 Mar 2014

A recent draft tax ruling may make it more difficult for employers to claim tax deductions for contributions made to employee remuneration trusts However the ruling is expected to have limited practical application to listed companies making non-refundable contributions to traditional employee share ...

Sidestepping arbitration clauses - a potentially explosive business!
Insight 28 Jan 2014

The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...

Court takes an expansive view of threshold requirement for class actions against multiple respondents
Insight 08 Sep 2014

A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...

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