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The 'Internet of Things' meets financial advice
Insight 05 Nov 2014

With financial services providers already taking advantage of the possibilities created by a new tide of internet meta data we need regulators and a regulatory regime that see the opportunities implicit in the change and not only the risks ...

High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Insight 22 Dec 2014

Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...

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 ...

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 ...

Managing shareholder activism - who is in the driver's seat?
Insight 03 Feb 2015

The recent New South Wales Supreme Court decision of Molopo Energy Limited v Keybridge Capital Limited reflects the continuing growth of shareholder activism in the Australian corporate landscape The case is a reminder that boards need to remain aware of developing activist strategies particularly ...

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 ...

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 ...

ASIC - A crackdown on corporate culture
Insight 04 Sep 2015

Corporate culture and its role in shaping conduct within the financial services sector is now clearly at the forefront of ASICs enforcement agenda This focus was apparent in ASICs 2014-2015 strategic outlook released in October 2014 which identified corporate culture as a key risk driver and poor ...

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 ...

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