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'Fraud on the market' theory survives challenge in the US
Insight 26 Jun 2014

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

New measures on resilience, collateral protection and client money
Insight 22 Dec 2015

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

ASIC - A crackdown on corporate culture
Insight 04 Sep 2015

Corporate culture and its role in shaping conduct within the financial services sector is now clearly at the forefront of ASICs enforcement agenda This focus was apparent in ASICs 2014-2015 strategic outlook released in October 2014 which identified corporate culture as a key risk driver and poor ...

What does the Government's response to the FSI mean for banks?
Insight 06 Nov 2015

The short answer is it depends on which kind of bank you are The Financial System Inquirys final report and the Governments response mean a lot for ANZ CBA NAB and Westpac particularly given their significant residential mortgage portfolios They also mean a lot for Macquarie As for the rest of the ...

Anti-corruption reforms: a view from the B20 Australia
Insight 25 Jul 2014

Anti-corruption was high on the agenda at the B20 Australia summit recently held in Sydney Allens Partner Rachel Nicolson a director of the UN Global Compact Network Australia and convenor of its Anti-Corruption Leadership Group attended the summit and provides an overview of the issues discussed ...

Privacy Commissioner reports on Department of Immigration and Border Protection's data breach
Insight 13 Nov 2014

The Australian Privacy Commissioner has released a report into the Department of Immigration and Border Protection having breached the privacy of asylum seekers in February 2014 Partner Michael Pattison and Associate Priyanka Nair report on the Commissioners findings and the lessons for all ...

Getting the deal through - Australia PPP chapter
Insight 05 Nov 2014

Partners Leighton OBrien and Nicholas Ng provide an overview on public-private partnerships PPPs in Australia examining the general PPP framework trends in the industry the procurement process operation and maintenance default and termination and financing ...

Changes to tax rules for offshore investment
Insight 17 Sep 2014

A Bill is currently before Federal Parliament that will more closely but not completely align the foreign non-portfolio dividend NANE treatment with debtequity concepts Partner Martin Fry and Senior Associate Jennifer Richards report on the changes ...

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