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Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 03 Jul 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

Competing class actions - a problem in need of a solution
Insight 20 Aug 2018

As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

International Comparative Legal Guide to Project Finance 2018 - Australia
Insight 25 May 2018

Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance Among other factors they discuss restrictions on foreign investment bankruptcy and restructuring proceedings tax and political risk in relation to changes in law ...

APRA's new powers in superannuation - A worthy idea, but checks and balances required
Insight 12 Sep 2017

APRA is in line to get significantly increased powers of direction in respect of RSE licensees and their controlled entities as part of the package of superannuation reforms announced in the Treasury Legislation Amendment Improving Accountability and Member Outcomes in Superannuation Bill 2017 ...

Contract Law Update 2017
Insight 07 Mar 2018

The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...

Mandatory data breach notification scheme passed
Insight 13 Feb 2017

The Federal Parliament has today passed the Privacy Amendment Notifiable Data Breaches Bill 2016 which will amend the Privacy Act 1988 Cth to introduce a mandatory data breach notification scheme ...

The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

Post-election policy recap
Insight 09 Aug 2016

As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...

Protecting accrued superannuation benefits from adverse changes
Insight 06 Sep 2016

For a long time now superannuation lawyers have tried to work out the meaning of the following words a beneficiarys right or claim to accrued benefits and the amount of those accrued benefits must not be altered adversely to the beneficiary by amendment of the governing rules or by any other act ...

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