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Social benefit bonds - their role in the funding challenge for social infrastructure and services
Insight 20 Mar 2015

With the recent Intergenerational Report having further highlighted the need to deliver social outcomes in an efficient way Partners David Donnelly and James Darcy report on the potential role of social benefit bonds in providing social infrastructure and services ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Sanctions: The 5 questions your board and executives should be asking in 2017
Insight 16 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...

Road map to anti-money laundering and counter-terrorism financing reform
Insight 04 Nov 2016

The Federal Attorney-Generals Department has released its draft Project Plan for the implementation of the wide-ranging recommendations arising from the recent statutory review of Australias anti-money laundering and counter-terrorism financing regime Partner Peter Haig Associate Andrew Shetliffe ...

Worth the wait? Release of draft mandatory data breach notification laws
Insight 25 Oct 2016

Following a period of industry consultation the Federal Government has introduced updated legislation that will introduce a mandatory data breach notification scheme The new Bill will amend the Privacy Act 1988 Cth when it comes into force and will apply to all Australian companies currently subject ...

Financial advice and fees - ASIC reports
Insight 27 Oct 2016

ASIC released its report Financial advice Fees for no service today It says that there has been a systemic failure by advice licensees within some of the major banks and AMP to provide ongoing advice in return for ongoing fees The report relates chiefly to arrangements between licensees and clients ...

Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
Insight 10 Apr 2017

The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...

Shakeup to EU data protection regulations - impact on Australian businesses
Insight 23 Jun 2017

Australian businesses that offer goods and services to individuals within the European Union will be affected by new EU data protection regulations that offer the biggest shakeup to European privacy law for 20 years Partner Michael Park Senior Associate Alice Williams and Paralegals Phoebe St John ...

Reporting significant breaches - or something that may (or may not) be a breach?
Insight 05 May 2017

The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...

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