651-660 of 1186 results
Does that raise a question of the criminal law?
During Royal Commission hearings last year, Commissioner Hayne ominously asked one witness: Does that raise a question of the criminal law? This Insight considers the implications of this question for financial service providers. ...
The future age of AI
We will be able to cease speculation on what is in or not in the Final Report of the Financial Services Royal Commission on Monday evening or after whatever time it takes to read and digest ...
The ins and out (goings) of responsible lending
Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...
DDO and PYS - two cases of madness
Lawyers working in the field of financial regulation have become inured to said regulation producing weird, unintended outcomes. Even so, there are two outcomes produced by recently enacted laws that are unequivocally crazy. ...
Compensating superannuation members for 'fees for no advice'
APRA and ASIC issued a joint letter to all RSE licensees entitled 'Oversight of fees charged to members' superannuation accounts' in early April, in response to the 'fee for no advice' issue that attracted so much attention in the Royal Commission ...
International Arbitration - Australian courts' power to grant interim freezing orders
The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. ...
Predictive coding gets green light from an Australian court
The Victorian Supreme Court recently handed down the first decision of an Australian court to specifically consider and approve the use of predictive coding technology in a large-scale discovery exercise Partner Nick Rudge Managing Associate Kate Austin and Applied Legal Technology Manager Lisa ...
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
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 ...