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Your 'Metadata' as Personal Information
In a decision published this week the Australian Privacy Commissioner has clarified that metadata may be personal information when an organisation has the capacity and resources to link that information to an individual Partner Michael Pattison Associate Priyanka Nair and Law Graduate Leah Wickman ...
Tax musings
You would need to have been living under a large rock with your hearing aid turned off not to be aware of the current debates raging in relation to tax But it is hard to sort the wood from the trees or the real facts and issues from all the surrounding noise ...
Taxation of certain unit trusts - 'attribution' model to replace 'present entitlement'
You may be forgiven for having lost track of the proposed reforms to the taxation of managed investment trusts or MITs given that this initiative has been announced by successive Federal governments since 2010 Finally though an exposure draft of new legislation is expected to be released before ...
Court accepts market-based causation
Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...
Review into four major banks - money for consultants?
The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Product design and distribution rules
On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...
Update strengthens legal avenues for online copyright rights holders
Telecommunications industry body the Communications Alliance has submitted an updated Copyright Notice Scheme to allow rights holders to better use existing legal avenues to defend their rights The updated Notice Scheme resolves a number of issues that were left open when the first draft of the ...
ASIC's no action position on the wholesale/retail test for self-managed super funds
The Australian Securities and Investments Commission has announced that it will take no action where a self-managed superannuation fund trustee is treated as a wholesale client notwithstanding that the trustee does not have to meet the 10 million net asset threshold even though the financial service ...
Increasing ASIC's enforcement powers
In its submission to the Financial System Inquiry the Australian Securities and Investment Commission has again raised the issue of the penalties that are available to it to punish and deter corporate wrongdoing ASICs submission recommends that a holistic review be conducted into the availability ...