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Class Action Insights
Insight 08 Aug 2014

In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...

Short on solutions for a growing problem
Insight 08 Aug 2014

The Financial System Inquirys interim report devotes a lot of space to superannuation but doesnt have a great deal to say What is missing from the report is any vision for a retirement income system and it is hard to see how the FSI will bring about any significant changes It is also hard to see ...

SOPA adjudications in Western Australia - only the applicant can win!
Insight 03 Jul 2014

The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...

Australian landholder duty: avoid the pitfalls of an ever expanding duty base
Insight 10 Sep 2014

An increased focus on taxing indirect real property transfers has seen the 'land-rich' or 'landholder' duty rules expand significantly over the years, resulting in far more transactions being liable to duty. ...

Increasing ASIC's enforcement powers
Insight 08 Jul 2014

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 ...

Could superannuation cease to be prudentially regulated?
Insight 02 Sep 2014

The Financial System Inquiry FSI has asked whether superannuation should cease to be prudentially regulated Is this idea likely to go anywhere Dont be so sure that it wont ...

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 ...

Is the pain worth the gain?
Insight 01 Oct 2014

ASIC has undertaken a bit of a survey of licensees who provide financial product advice to retail clients to see how they are faring a year into FoFA ...

Murray in a muddle over retirement incomes
Insight 01 Oct 2014

A close reading of the retirement incomes chapter in the interim report of the Financial System Inquiry reveals a series of paradoxes ...

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