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Round 5: Superannuation
Issues 10 Feb 2019

Perhaps the biggest issue dealt with in the superannuation hearings is how various forms of conflicts create perverse incentives for trustees to not comply with their duties. ...

Round 2: Financial Advice
Issues 10 Feb 2019

In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...

The beginning of the end of the unit trust's monopoly? A look at limited partnerships
Insight 06 Oct 2015

Board of Taxation's report on tax arrangements applying to collective investment vehicles, released by the Federal Government on 4 June 2015. ...

Distressed debt M&A - share transfers without a scheme
Insight 17 Feb 2015

The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...

Decision confirms limits on general meeting shareholder activism
Insight 03 Aug 2015

A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...

Welcome changes to the derivative charging rules for superannuation trustees
Insight 06 Jul 2016

The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...

Thriving in an era of scrutiny: Culture and conduct
Insight 06 May 2019

Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...

Round 4: Experiences with financial services entities in regional and remote communities
Issues 10 Feb 2019

During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...

Another win for arbitration
Insight 07 Aug 2014

The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...

Does legal professional privilege apply to communications with third-party commercial advisers?
Insight 14 Aug 2014

Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...

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