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'Fraud on the market' theory survives challenge in the US
Insight 26 Jun 2014

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...

ASIC report on disclosure of fees and costs
Insight 08 Jul 2014

Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...

Allens advises Iron Mountain on groundbreaking $250 million syndicated Term Loan B facility
News 06 Oct 2016

Allens has advised Iron Mountain Incorporated ( Iron Mountain ) on an Australian dollar syndicated Term Loan B facility to be used for the refinancing of its existing facilities. The financing ...

Corporate responsibility and anti-corruption legislation in India
Insight 10 Feb 2014

In the past 12 months the Indian Parliament has passed two important pieces of legislation relating to corporate social responsibility and the allegations of corruption made against public servants. How does it affect you? ...

Round 6: Insurance
Issues 10 Feb 2019

The sixth round of public hearings considered issues associated with the sale and design of life insurance and general insurance products, the handling of claims under life insurance and general insurance policies, and the administration of life insurance by superannuation trustees. ...

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 ...

Trowbridge - a bridge too far?
Insight 04 Jun 2015

In October 2014 ASIC released its report into retail life insurance advice practices The findings were pretty grim - with poor advice being more common than good or even adequate advice ASIC said that advisers were motivated by the promise of commissions not the interests of their clients Following ...

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

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 ...

Productivity Commission - Access to Justice Arrangements report and recommendations
Insight 05 Dec 2014

The Access to Justice Arrangements report proposes broad-ranging reforms to our civil justice system with the aim of improving access to justice Partner Belinda Thompson and Lawyer Annie Santamaria highlight some recommendations which also have the potential to impact more broadly on Australias ...

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