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Third tranche of draft CCIV legislation released
Insight 18 Oct 2018

Draft legislation intended to address some of the continuing gaps in the proposed corporate collective investment vehicle framework has been released with submissions on it closing soon Partner Marc Kemp and Associate Mai Go report ...

Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

The ins and out (goings) of responsible lending
Insight 13 Nov 2018

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
Insight 20 Dec 2018

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
Insight 08 Jan 2019

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 ...

Queensland security of payment regime: more change on the horizon
Insight 16 Jan 2017

The Queensland Government recently released a Queensland Building Plan discussion paper for public consideration that coincided with the enactment of the Federal Governments Building and Construction Industry Improving Productivity Bill 2013 Both developments have the potential to affect the ...

Trends over the past year in the Australian projects and infrastructure sectors
Insight 08 Feb 2017

A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities Allens Partners Nick Adkins Scott McCoy and Rob Watt look at ...

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

English High Court provides important guidance on approach to LIBOR mis-selling claims
Insight 07 Feb 2017

The English High Court has handed down its judgment on the first major case following the global regulatory investigations into alleged LIBOR manipulation ...

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