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Utmost good faith, life insurance and ASIC
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. ...
Transparency and Accountability - and not just for Wall Street
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 ...
CIPRs - some interesting findings
We recently hosted some workshops in Sydney and Melbourne to discuss the proposed CIPR framework The outcomes of those workshops were interesting - in some respects surprising - and this article provides a brief report ...
Australia's foreign investment regime - Budget changes
The Australian Government flagged a number of changes to Australias foreign investment regime in the 2017 Budget In a welcome development the changes seek to simplify an otherwise complex regime and encourage foreign investment in Australia Partner Wendy Rae and Associate Nick Kefalianos examine the ...
Bill to repeal equal representation rules for superannuation trustee boards
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
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 ...
The fintech phenomenon - risks and opportunities
Everyone is talking about fintech What is it And what does it mean for the financial services industry and for regulation ...
Attribution MITs - why try to fix something that wasn't broken?
The exposure draft Bill for the taxation of 'attribution managed investment trusts' has been received with much derision. We consider the key implications ...
New infrastructure charges, environmental offsets and regional planning regimes commence in Queensland
New frameworks for infrastructure planning and charging environmental offsets and regulating activities in areas of regional interest have now commenced in Queensland Special Counsel Rosanne Meurling Senior Associate Michael Zissis and Associate Julieane Bull report on how the reforms may affect ...
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 ...