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The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Financial Services Class Actions
Insight 06 Sep 2016

Our class actions team recently published our Class Action Risk 2016 report The objective of the report is to look behind the headlines and hype that often surrounds class actions to provide a more holistic and objective assessment of class action risk for our clients This is particularly important ...

The Life Insurance Code of Practice - just a code, or something more?
Insight 07 Oct 2016

The new Life Insurance Code of Practice has much to recommend it The paragraphs concerning policy design are a case in point But is the Code indeed just a code or does it purport to go further ...

OAIC concludes investigation of Australian Red Cross data breach
Insight 05 Sep 2017

OAIC concludes investigation of Australian Red Cross data breach where a one-off human error by a third party provider's employee led to a massive data breach that hit the Australian Red Cross Blood Service ...

Financial products - design and distribution obligations and product intervention powers
Insight 22 Dec 2017

After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...

ASIC publishes draft funds management guidance
Insight 27 Oct 2017

ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...

Private equity under the spotlight - ASIC cracks down on offers of stub-equity in proprietary companies
Insight 20 Dec 2018

ASIC is clamping down on the use of an offer of stub-equity in a proprietary company as an alternative form of consideration in public control transactions. ...

ACCC 2019 Enforcement Priorities
Insight 28 Feb 2019

A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...

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