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The beginning of the end of the unit trust's monopoly? A look at common contractual funds
Insight 08 Dec 2015

The Board of Taxations report on tax arrangements applying to collective investment vehicles considers that offshore investors are dissuaded from investing in Australian funds because they do not understand unit trusts and that access to a broader range of collective investment vehicles would help ...

Are property development agreements subject to stamp duty in Victoria?
Insight 06 May 2016

The Victorian Supreme Court has ruled that a property development agreement is not subject to duty in Victoria unless it relates to all of the landholdings of a landholder The decision which is the first to test the extent to which property development agreements are subject to duty in Victoria ...

Strangers no more - Taking action against an insolvent defendant's insurer
Insight 16 Feb 2016

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Polluter pays principle in action
Insight 23 Feb 2016

In a recent decision of the Victorian Supreme Court a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 Vic despite the pollution ...

The Public-Private Partnership Law Review
Insight 18 May 2016

Partners David Donnelly and Nicholas Ng examine public-private partnerships PPPs in Australia including the year in review the general framework bidding and award procedures recent decisions and the outlook for 2015 ...

'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

ASIC getting a bigger toolkit sooner than expected
Insight 04 May 2016

In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...

A long time coming: The Retirement Income Streams Review Report
Insight 04 May 2016

Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...

Conflicted remuneration and life insurance
Insight 20 Oct 2016

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

Welcome changes to the derivative charging rules for superannuation trustees
Insight 06 Jul 2016

The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...

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