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What you need to know about the draft Equator Principles 4
This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...
Will ASIC shift its regulatory focus from disclosure to suitability?
The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...
Lessons from Singapore's new collective investment vehicle
This Insight examines the lessons from Singapore's new collective investment vehicle ...
Draft rules and more consultation for the Asia Region Funds Passport
APECs Working Group on the proposed Asia Region Funds Passport has issued a second consultation paper on the rules and operational arrangements for the Passport and seeks views from the public on a limited number of issues Managing Associate Janna Vynokur and Senior Associate Matthew Symmons report ...
High Court examines powers of responsible entities
The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...
A multi-million dollar question – aggregating claims in class actions
The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...
ASIC report on disclosure of fees and costs
Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...
Another win for arbitration
The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...
UN resolution could be the start of a binding treaty on business and human rights
The UN Human Rights Council has recently passed resolutions that provide for the establishment of a working group to develop an international legally binding human rights instrument for transnational corporations as well as commissioning a report on the pros and cons of this approach Partner Rachel ...