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FoFA Bill passed by Senate
Insight 25 Nov 2015

The Governments Future of Financial Advice Bill was passed by the Senate yesterday While the Bill began its life as the so-called Streamlining Bill introduced by the Government on 19 March 2014 the Bill as passed yesterday bears very little resemblance to the Bill as originally introduced It is ...

AIFMD - the future of marketing to European investors
Insight 31 Jul 2015

The European Securities and Markets Association has published its initial advice and opinion on the functioning of the marketing passport and national private placement regimes since the implementation of AIFMD and the possibility of extending the marketing passport to non-European fund managers ...

High Court rules on freezing orders for prospective overseas judgments
Insight 04 Nov 2015

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 ...

What does the Government's response to the FSI mean for banks?
Insight 06 Nov 2015

The short answer is it depends on which kind of bank you are The Financial System Inquirys final report and the Governments response mean a lot for ANZ CBA NAB and Westpac particularly given their significant residential mortgage portfolios They also mean a lot for Macquarie As for the rest of the ...

Class actions: A ten year survey
Insight 28 May 2015

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 ...

ASIC highlights importance of cyber resilience
Insight 01 Apr 2015

Key cyber risks faced by ASICs regulated population as well as the legal and compliance obligations to manage those risks are highlighted in a new ASIC report ASIC also identifies steps entities can take to address the risks The report marks a growing focus on cyber security issues by ASIC which is ...

More certainty for foreign corporations under Alien Tort Claims Act
Insight 28 Jan 2014

Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...

Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

Asia Region Funds Passport - what's in store for 2014?
Insight 15 Jan 2014

At the recent APEC conference in Bali the finance ministers of Australia New Zealand Singapore and South Korea signed a formal Statement of Intent on the establishment of the Asia Region Funds Passport which will allow fund managers based in participating countries to market and sell certain managed ...

The end of the PPSA transitional period - what happens now?
Insight 24 Jan 2014

With the end of the transitional period under the personal property securities legislation fast approaching those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered even where they are transitional so there is no loss of ...

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