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Conflicted remuneration, dreaming and the law of common sense
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 ...
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 ...
Round 6: Insurance
The sixth round of public hearings considered issues associated with the sale and design of life insurance and general insurance products, the handling of claims under life insurance and general insurance policies, and the administration of life insurance by superannuation trustees. ...
Contractors face uphill battle restraining security calls
The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
UK Supreme Court counters High Court on penalties
The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...
Painting the full picture: certifiers and financiers in projects
A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...
Disputes as to the validity of an agreement - a matter for arbitration or the courts?
A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes under a deed or agreement can be broad enough to capture disputes about the validity of the agreement ...
2018-19 Federal Budget - superannuation
The 2018-19 Federal Budget has introduced a number of proposed superannuation-related changes, with a focus on protecting small balances, young members and existing retirees. ...
Confirmation of FATCA Status of Australian Superannuation Funds
The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...