541-550 of 1043 results
New APRA prudential standard raises bar for information security obligations and incident notification requirements
As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...
The ins and out (goings) of responsible lending
Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...
Private equity under the spotlight - ASIC cracks down on offers of stub-equity in proprietary companies
ASIC is clamping down on the use of an offer of stub-equity in a proprietary company as an alternative form of consideration in public control transactions. ...
The Kwinana Waste to Energy project and the waste-to-energy landscape in Australia
After four years in the making the first commercial waste-to-energy project in Australia has achieved financial close but what opportunities and challenges lie in store for waste-to-energy in Australia ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...
ASIC proposes changes to fees and costs disclosure
ASIC has released for industry comment a draft Class Order which would amend the fees and costs disclosure requirements that apply to superannuation and managed investment products The key proposed amendments relate to the way in which indirect costs must be disclosed Senior Associate Simun Soljo ...
Another step towards prudentially regulating conglomerate groups
The Australian Prudential Regulation Authority has taken another step towards implementing its prudential framework for the supervision of conglomerate groups While it has made some new prudential standards that are specific to conglomerate groups and extended some of its existing standards to such ...
Some facts (and myths) about ASIC and product intervention powers
The closer you look at the recent discussion about product intervention powers for ASIC the clearer it becomes that the discussion has little basis in fact ...
High Court affirms governments' power to pass 'draconian' seizure laws
The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...