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Another step towards prudentially regulating conglomerate groups
The Australian Prudential Regulation Authority has taken another step towards implementing its prudential framework for the supervision of conglomerate groups While it has made some new prudential standards that are specific to conglomerate groups and extended some of its existing standards to such ...
Some facts (and myths) about ASIC and product intervention powers
The closer you look at the recent discussion about product intervention powers for ASIC the clearer it becomes that the discussion has little basis in fact ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...
Corporate responsibility and anti-corruption legislation in India
In the past 12 months the Indian Parliament has passed two important pieces of legislation relating to corporate social responsibility and the allegations of corruption made against public servants. How does it affect you? ...
High Court affirms governments' power to pass 'draconian' seizure laws
The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...
Corporate culture an increasing legal and reputational risk
Significantly, the report's findings move beyond broad recommendations, identifying the key factors singled out by the law and regulators as drivers of corporate culture and naming general counsel, ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
Agency arrangements alright - ANZ and Flight Centre succeed in appeals
The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...
PPS deregulation measures one step closer
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 ...