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. ...

The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...

Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...

A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

This is a significant week for the life insurance industry with the re-introduction by the Federal Government of a Bill to reform commissions payable on life insurance policies the release by ASIC of findings of its review of life insurance claims and the launch yesterday by the Financial Services ...

At first glance the recent Productivity Commission Draft Report on How to Assess the Competitiveness and Efficiency of the Superannuation System August 2016 could be dismissed as nothing more than a procedural step along the road to the ultimate goal as recommended by the FSI of developing an ...

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 ...

ASIC has released a consultation paper on proposals to facilitate innovation in the financial services sector The proposals include details of the long-awaited regulatory sandbox It will be of interest to both emerging companies who may rely on the relief as well as investors in this space Senior ...

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

In response to recent confirmation that Iran has met its international nuclear commitments the Australian Government has lifted all nuclear-related economic and financial sanctions against that country ...