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 ...

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 ...

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 ...

This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...

In October 2014 ASIC released its report into retail life insurance advice practices The findings were pretty grim - with poor advice being more common than good or even adequate advice ASIC said that advisers were motivated by the promise of commissions not the interests of their clients Following ...

Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...

Partners David Donnelly and Nicholas Ng examine public-private partnerships PPPs in Australia including the year in review the general framework bidding and award procedures recent decisions and the outlook for 2015 ...

The Financial System Inquirys final report was blunt in its assessment of the current state of Australias super system noting that the superannuation system is not operationally efficient due to a lack of strong price-based competition The Inquirys concern with super fees and costs led to one of the ...

The Corporations and Markets Advisory Committees discussion paper about the establishment and operation of managed investment schemes particularly examines governance disclosure and regulatory issues If the changes are implemented it could profoundly affect these schemes Partners Marc Kemp and Penny ...

Green Bonds have been part of the international capital markets landscape for some time and recently the World Bank announced the first A Green Bonds to be issued into the Australian debt capital market If developments in the European Green Bond market are a good indicator there is potential for ...