This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

At the recent APEC conference in Bali the finance ministers of Australia New Zealand Singapore and South Korea signed a formal Statement of Intent on the establishment of the Asia Region Funds Passport which will allow fund managers based in participating countries to market and sell certain managed ...

With the end of the transitional period under the personal property securities legislation fast approaching those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered even where they are transitional so there is no loss of ...

The recent Federal budget included measures to abolish some government bodies by 1 July 2015 One of those is the Corporations and Markets Advisory Committee CAMAC This is a pity for those involved in the funds management industry because it means that CAMAC is no longer accepting submissions in ...

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 ...

Exposure draft legislation to implement long-awaited changes to the tax regime for managed investment trusts is expected to be issued shortly ahead of the regimes recently announced start date of 1 July 2015 Partner Katrina Parkyn recaps some of its expected key features and likely impacts on the ...

In its submission to the Financial System Inquiry the Australian Securities and Investment Commission has again raised the issue of the penalties that are available to it to punish and deter corporate wrongdoing ASICs submission recommends that a holistic review be conducted into the availability ...

Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...

The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...

The Australian Governments Critical Infrastructure Centre launched earlier this year is part of the governments plans to manage national security concerns arising from foreign investment in Australian critical infrastructure The Centre has released a discussion paper calling for input into how it ...