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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's guidance on conflicts in vertically integrated funds-management businesses
Insight 24 Mar 2016

ASIC has released a report looking at the way vertically integrated funds management businesses deal with conflicts of interest The report summarises the findings of ASICs recent review of a number of businesses and sets out some good practice recommendations Partner Marc Kemp and Senior Associate ...

Defining the objective of superannuation
Insight 09 Mar 2016

The Government released a discussion paper on the Objective of Superannuation today The paper says that the Government will enshrine in legislation the primary objective recommended by the Financial System Inquiry being To provide income in retirement to substitute or supplement the Age Pension ...

Extensive amendments to retail shop leases legislation in Qld
Insight 27 Nov 2014

New legislation has been introduced into the Queensland Parliament that will make significant amendments to a number of the provisions of the existing legislation governing retail shop leases in Queensland Partner John Beckinsale and Special Counsel Christine Adamson report on the major changes ...

High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

What do ASIC and APRA want from Murray?
Insight 01 Oct 2014

Although more than 6500 second round submissions have been made to the Financial System Inquiry submissions made by ASIC and APRA will be read with greater interest than most The recommendations in these submissions are likely to be given greater weight by the FSI panel members and could find their ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Impact of reforms to Construction Contracts Act 2004 (WA)
Insight 25 Oct 2016

Proposed amendments to the Construction Contracts Act 2004 WA will if passed result in significant changes to the adjudication process in Western Australia Partner Jeremy Quan-Sing Senior Associate Fiona Potter and Law Graduate Thanushar Sridaran report on the potential impacts of the changes ...

ASIC announces fintech licensing exemptions
Insight 19 Dec 2016

As part of its implementation of the regulatory sandbox for fintech companies ASIC is providing relief for certain fintech businesses from the obligation to hold an Australian financial services or Australian credit licence Relief may be available for up to 12 months and may be useful to businesses ...

Updated fee and cost disclosure - transition period extended
Insight 29 Nov 2016

ASIC has today announced that superannuation fund trustees and responsible entities will have until 1 October 2017 to comply with the updated fee and cost disclosure rules for PDSs set out in ASIC Regulatory Guide 97 and ASIC Class Order 141252 - but only if they comply with certain conditions ...

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