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The future for foreign financial services providers in Australia – the latest from ASIC
After much anticipation, ASIC has provided an update on its proposed changes to the licensing relief currently available to foreign financial service providers operating in Australia. ...
Would you like financial services with your social network? Facebook consortium to launch new cryptocurrency
In a bold new play, a consortium led by social media giant Facebook has announced plans to enter the financial services sector through the launch of a cryptocurrency called Libra. Both a currency and a blockchain backed payment system, the project could have a profound impact on the financial servic ...
Broader reform themes evident in ASIC's forestry schemes submission
ASICs Senate submission on forestry schemes has emphasised important regulatory reform themes with implications for managed investment schemes and financial services regulation more generally Partner Marc Kemp Consultant Derek Heath and Lawyer Patrick Boyle report ...
ATO rules on Bitcoin - not enough purchase to be money
The Australian Tax Office has released draft rulings stating their view that the digital currency Bitcoin is property and not money Partner Gavin Smith Associate David Rountree and Associate Tom Tian consider the potential consequences for Australian businesses using Bitcoin ...
SOPA adjudications in Western Australia - only the applicant can win!
The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...
Rethinking Australia's regulatory approach to securitisation
The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...
Vendor's IM - Get it wrong, pay the damages bill
A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...
Civil penalties: are negotiated outcomes still negotiable?
A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...
Linklaters Insights: Legal implications of the Greek debt crisis
After months of political stalemate in negotiations with its creditors to unlock access to bailout funds the Greek government has announced a referendum on proposed bailout conditions an extended bank holiday and the imposition of capital controls ...
Competition law update
In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...