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The Inverted Bid Model - five key questions in solving it
Industry Super Australias proposed Inverted Bid Model has generated a lot of interest and discussion At a recent industry symposium participants were invited to explore the model with a view to further refining it for application in the Australian infrastructure market Partner David Donnelly poses ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...
Funding a Fund: The growth of the capital call facility
The Australian corporate debt market is primed for growth, with an increase in the number of funds providing direct lending as an alternative source of financing to the traditional lending dominated by domestic banks. ...
New energy certificate exemptions for sellers and landlords
From 1 July 2015 sellers and landlords will be able to enter into sales and leases which are the result of unsolicited offers or which involve only wholly-owned subsidiaries without the need to first provide a building energy efficiency certificate following amendments to federal legislation Partner ...
Nudge, nudge, think, think - ASIC and behavioural economics
In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...
ASIC seeking feedback on electronic disclosure proposals
The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...
The 'Internet of Things' meets financial advice
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 ...
Can you make a supply merely by tolerating something?
In an important ruling the High Court has decided that a purchaser of leased premises will make a supply of the leased premises when after completion the purchaser observes its express obligations under the lease The decision provides much-needed certainty for vendors and purchasers of leased ...
The fiduciary duty of mortgage brokers?
There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...
Withholding tax on the sale of Australian property by foreign residents
Treasury has released a discussion paper on the proposal to introduce a non-final withholding tax on the disposal of taxable Australian property by foreign residents Partner Katrina Parkyn looks at some of the key areas of discussion ...