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Australian investor wins big at ICSID
Insight 24 Jul 2019

At ICSID, Australian's investor wins big. ...

Octaviar - the perils of procrastination
Insight 13 Mar 2015

In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...

High Court confirms liquidator has first pick of the fruits of litigation
Insight 13 May 2014

The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...

Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

CAMAC's 2014 discussion paper on managed investment schemes
Insight 21 Mar 2014

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 ...

The beginning of the end of the unit trust's monopoly?
Insight 03 Jul 2015

It is surprising the Federal Government did not make more of its release on 4 June of the Board of Taxations report on tax arrangements applying to collective investment vehicles We can only assume that the government was slightly embarrassed that the report handed to the previous government in 2011 ...

Not better late - the Prime Trust appeal judgment
Insight 06 Sep 2016

The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...

Employment & Safety
Insight 08 May 2017

In this issue we look at how post-employment restraints can be unenforceable if a company does not comply with the employment contract itself a decision of the Federal Court that confirms an employee who is on long-term sick leave must continue to have regular contact with their employer and a ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...

Blockchain reaction update - ASIC joins chorus on ICO regulation
Insight 03 Oct 2017

While ASIC has published information on the issue of coins or tokens in initial coin offerings other regulators around the world have also been issuing guidance with some taking a much more restrictive approach Although Australia remains a relatively friendly regulatory environment for such ...

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