771-780 of 1186 results
Section 68A - undue attention to an inadequate remedy
Its not often that a section of the SIS Act makes the daily news but section 68A of the SIS Act has done just that following the publication of a report commissioned by Industry Super Australia It is startling how much weight ASIC and APRA are apparently giving to the report as its findings are not ...
Class actions: A ten year survey
Class action risk has become a major issue for boards senior management and general counsel A key question often asked in that context is whether the changing nature of the class actions landscape poses an increasing area of risk for Australian corporates ...
High Court limits proportionate liability regime and expands insurers' liability for costs
The High Court yesterday overturned a decision of the Full Court of the Federal Court and held that if the same loss is caused by both apportionable and non-apportionable claims proportionate liability does not apply to the non-apportionable claims The High Court also ordered that the defendants ...
Tax musings
You would need to have been living under a large rock with your hearing aid turned off not to be aware of the current debates raging in relation to tax But it is hard to sort the wood from the trees or the real facts and issues from all the surrounding noise ...
The final analysis: Updates to ASX Guidance Note 8 on Continuous Disclosure take effect
Earlier this year ASX issued a consultation paper on proposed changes to Guidance Note 8 that sought to clarify existing continuous disclosure policy ASX has now released its consultation response together with the final version of Guidance Note 8 which took effect on 1 July 2015 While the final ...
The UK's focus on personal accountability for bank employees: a sign of things to come?
Last month we discussed the carrot in the UK Parliamentary Commission on Banking Standards - how the regulators are making sure remuneration for bank staff encourages prudent risk behaviour This month we are looking at the stick - how the UK is strengthening regulators enforcement armoury to enable ...
Proposed industry funding model for ASIC
Treasury has released a Consultation Paper seeking comments on a proposed industry funding model for ASIC Under the proposed model the costs of ASICs regulatory activities will be recovered directly from the companies and other entities that are regulated by ASIC - at a direct cost to industry of ...
High Court rules on freezing orders for prospective overseas judgments
The High Court of Australia recently upheld the Western Australian Court of Appeals decision allowing for the WA Supreme Court to make freezing orders for a prospective judgment in Singapore The core of the decision was a finding that the federal jurisdiction of state Supreme Courts to register ...
Significant High Court decision on settlement of regulatory proceedings
The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...
Court accepts market-based causation
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 ...