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The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Innovative Superannuation Income Streams - at last
Earlier today Treasury released exposure draft regulations for Innovative Superannuation Income Streams They set out income stream standards that will be relevant for products such as deferred annuities and group self-annuitised products The Allens Superannuation team reports ...
Consumer protection in the banking, insurance and financial sector
The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...
Mandatory margining
Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...
Brexit and financial services regulation
The idea that the UK could on leaving the EU simply walk away from a significant amount of EU financial services regulation seems fantastical It is likely that the UK will instead have to adopt on exit vast amounts of EU financial services regulation However the UK will have no say on the future ...
Local issuers, international format
At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...
Rural leasehold in Queensland now more attractive for investors
New legislation in Queensland that implements a range of reforms for leasehold land has been passed and will commence on a day to be fixed by proclamation The reforms will provide greater security of tenure for rural leaseholders and are likely to make such leases more attractive to investors ...
Korea-Australia Free Trade Agreement: strengthening cross-border investment
The landmark Korea-Australia Free Trade Agreement is expected to further strengthen the established complementary economic relationship between the two countries, and to provide new opportunities for cross-border investment and trade. ...
Will ASIC shift its regulatory focus from disclosure to suitability?
The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...