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Support for principals with bank guarantees
Insight 25 Jun 2015

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

Linklaters Insights: Legal implications of the Greek debt crisis
Insight 30 Jun 2015

After months of political stalemate in negotiations with its creditors to unlock access to bailout funds the Greek government has announced a referendum on proposed bailout conditions an extended bank holiday and the imposition of capital controls ...

Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 19 Jun 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

Costs decisions of the Queensland P&E Court - the year in review
Insight 29 Jan 2015

In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the courts discretion to award costs Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned ...

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 ...

Can you make a supply merely by tolerating something?
Insight 08 Dec 2014

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?
Insight 05 Nov 2014

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 ...

Big Data v 'personal advice' - an unequal contest?
Insight 05 Nov 2014

There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...

Risk management - what, if anything, does the 'three lines of defence' model do?
Insight 05 Nov 2014

From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...

Should APRA's prudential standard-making powers extend to directors' duties?
Insight 05 Nov 2014

In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...

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