The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...

The Target data breach brought the liability of boards and directors in relation to cyber resilience into focus. Target's shareholders brought litigation against all of its directors, the chief financial officer and the chief information officer due to what was perceived as recklessness and disregar ...

Its been a busy few months for the development of the Asia Region Funds Passport In late August the Federal Government released exposure draft legislation to accommodate the introduction of the Passport in Australia Once implemented the Passport will allow fund managers from participating economies ...

The Federal Government has released the exposure draft of the Treasury Laws Amendment Banking Executive Accountability and Related Measures Bill together with a draft Explanatory Memoradum This follows on from the release of the Banking Executive Accountability Regime BEAR consultation paper in July ...

With all the media attention on the Governments surprise announcement of its proposed package on improving accountability and member outcomes in super last week you would be forgiven if the Productivity Commissions latest issues paper on competitiveness and efficiency in the super system had slipped ...

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 ...

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Legislation has been introduced in Victoria to provide for new standard infrastructure levies to fund local infrastructure such as roads community centres kindergartens maternal and child health facilities local parks and sporting facilities ...

ASIC has said it will grant relief to assist responsible entities RE of registered schemes to make changes to their constitutions to qualify for the new attribution managed investment trust or AMIT regime without holding a unitholders meeting Partner Marc Kemp and Law Graduate Antonia Ross review ...

The Federal Government has announced that it proposes to strengthen ASICs powers and to increase the severity of penalties civil and criminal that can be imposed on individuals and corporations in line with the ASIC Enforcement Review Taskforces recommendations Partner Rachel Nicolson and Senior ...