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Guarantors owed a duty of care under the Code of Banking Practice
Insight 21 Jan 2016

A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...

Australia has lifted certain sanctions on Iran
Insight 18 Feb 2016

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 ...

Being 'professional' under D&O insurance policies
Insight 08 Mar 2016

In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...

Conflicted remuneration, dreaming and the law of common sense
Insight 05 Feb 2016

How many times have you heard someone say FoFA is settled Next time you hear that you should reach for one of the many quotable quotes from The Castle and tell em theyre dreamin First there are the so-called Retail life insurance industry reforms Then get ready for remuneration reforms in the ...

Contract Law Update 2015
Insight 11 Feb 2016

Our Contract Law Update provides an overview of important contract law decisions by Australian appellate courts in the past 12 months and considers their significance for the development of Australian contract law ...

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 ...

Attribution MITs - why try to fix something that wasn't broken?
Insight 06 May 2015

The exposure draft Bill for the taxation of 'attribution managed investment trusts' has been received with much derision. We consider the key implications ...

PPS deregulation measures one step closer
Insight 09 Jul 2015

A long-awaited change designed to reduce the compliance burden for security interests arising from short-term leases of serial numbered goods is one step closer to becoming law Partner Karla Fraser and Law Graduate Katharine Ward report ...

How to avoid anti-money laundering compliance headaches - financial product issues
Insight 03 Jul 2015

Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...

ASIC tweaks employee incentive scheme relief
Insight 12 Nov 2015

Various amendments to ASICs employee incentive scheme class order relief have now come into effect Described by ASIC as minor and machinery in nature the clarifications and improvements were prompted in part by market feedback Partner Greg Bosmans looks at the changes ...

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