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When trade mark law gets Messi, better call the Dr (Dre)
Having a famous name has many perks, and as Lionel Messi recently found out, registering your name as a trade mark is one of these. However, such fame is a double-edged sword, as Dr Dre recently experienced. ...
International Arbitration - Australian courts' power to grant interim freezing orders
The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. ...
Hayne report - first impressions
Commissioner Haynes recommendations may initially seem somewhat modest - they do not undo vertical integration impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers But while it is true that the recommendations are not ...
Considering Robo-advice
The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...
Compensating superannuation members for 'fees for no advice'
APRA and ASIC issued a joint letter to all RSE licensees entitled 'Oversight of fees charged to members' superannuation accounts' in early April, in response to the 'fee for no advice' issue that attracted so much attention in the Royal Commission ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...
Federal Government announces FOFA changes
The Federal Government has announced that it will press ahead with changes to the future of financial advice provisions, initially by regulation and then by legislation ...
Government releases FOFA regulations
The Governments much anticipated FOFA regulations were registered today and provide significant relief for benefits provided to employees and representatives of product issuers who provide general advice They also expressly allow bonuses to be linked to successful product sales providing the bonus ...
'Fraud on the market' theory survives challenge in the US
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
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 ...