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Utmost good faith, life insurance and ASIC
Insight 05 Apr 2016

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...

Bill to repeal equal representation rules for superannuation trustee boards
Insight 26 Jun 2015

Treasury today released what appears to be an extract from an Exposure Draft Bill that will remove the equal representation rules in the Superannuation Industry Supervision Act 1993 Cth and require at least a third of the directors of superannuation trustee boards to be independent If passed the ...

VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
Insight 07 May 2015

A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...

ASIC Register of Financial Advisers: will it raise quality of advice and standards?
Insight 05 Mar 2015

The Federal Government has announced that ASIC will establish a public register of financial advisers, intended to benefit consumers, who will be able to check that their adviser is appropriately authorised and qualified before receiving personal advice. ...

Opportunities for financial services from the China-Australia FTA
Insight 03 Dec 2014

The Australian and Chinese governments recently announced the conclusion of negotiations on the China Australia Free Trade Agreement According to DFAT Chinas financial services commitments under the agreement represent one of the most substantial market access undertakings China has agreed to with ...

Bigger sticks, smaller budget: ASIC's enforcement in 2015
Insight 25 Feb 2015

In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...

High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Insight 22 Dec 2014

Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...

Construction Law Year in Review 2014
Insight 20 Feb 2015

Our Construction Law Year in Review 2014 provides an overview of important construction law decisions and legislative developments in the past 12 months and considers how this may impact on your business ...

Crowd sourced equity funding to gain traction with new legislation
Insight 23 Mar 2017

After a difficult journey both Houses have passed the Corporations Amendment Crowd-sourced Funding Bill 2016 - introducing a new funding avenue for Australian startups and an opportunity for retail investors to access equity in emerging companies ...

Retail banking remuneration review
Insight 07 Feb 2017

The Australian Bankers Association last year commissioned Stephen Sedgwick to undertake a review of remuneration in retail banking ...

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