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Contract Law Update 2016
Insight 15 Mar 2017

When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...

Mandatory margining
Insight 07 Feb 2017

Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...

New AMIT rules
Insight 15 Dec 2015

New legislation has been introduced into Federal Parliament that will replace the existing taxation regime for trusts which qualify as Attribution Managed Investment Trusts Partner Charles Armitage and Managing Associate Judith Taylor look at what is different from the original Exposure Draft ...

Regulating bonuses: will Australia be next?
Insight 05 Aug 2015

The UKs Financial Conduct Authority and Prudential Regulation Authority released rules in June this year to further tighten what are already fairly onerous restrictions on the payment of bonuses to staff in banks building societies and certain big investment firms The worlds financial regulators ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...

Designing effective remediation programs
Insight 19 Sep 2016

ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...

Foreign purchaser stamp duty surcharge about to start in Queensland
Insight 20 Sep 2016

From 1 October 2016 a stamp duty surcharge of an additional 3 per cent will apply when a foreign person acquires residential land in Queensland Affected taxpayers should therefore urgently consider whether contracts relating to potentially affected transactions can be exchanged in the next few days ...

Preparing a target market determination for a financial product
Insight 21 Mar 2018

As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...

Draft code of ethics for financial advisers - in need of much more work
Insight 09 Apr 2018

You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...

CDR: What's next?
Insight 10 Sep 2018

The release of the exposure draft of the CDR legislation marks the start of a tight turnaround in order for the legislation to be passed in March 2019 particularly as the details and associated instruments have yet to be released The CDR regime has been advertised as producing a wide range of ...

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