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PPS deregulation measures to take effect
Insight 29 Sep 2015

From 1 October 2015 short-term leases of serial numbered goods will no longer be deemed security interests under the PPSA Businesses should review their current PPS policies and where appropriate implement changes to processes as Partner Karla Fraser and Lawyer Katharine Ward explain ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

AIFMD - the future of marketing to European investors
Insight 31 Jul 2015

The European Securities and Markets Association has published its initial advice and opinion on the functioning of the marketing passport and national private placement regimes since the implementation of AIFMD and the possibility of extending the marketing passport to non-European fund managers ...

ASIC clamps down on SMSF advice
Insight 25 Jul 2015

ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...

PPS deregulation measures one step closer
Insight 09 Jul 2015

A long-awaited change designed to reduce the compliance burden for security interests arising from short-term leases of serial numbered goods is one step closer to becoming law Partner Karla Fraser and Law Graduate Katharine Ward report ...

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 ...

Funding a Fund: The growth of the capital call facility
Insight 25 May 2015

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. ...

WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
Insight 21 May 2015

The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...

Victorian property tax surcharge on foreign purchasers and absentee landowners
Insight 12 May 2015

The Victorian Government has introduced legislation to impose a 3 per cent stamp duty surcharge on foreign purchasers of residential land and a 05 per cent land tax surcharge on absentee owners of both residential and other land The proposed legislation is very broad and applies to both direct and ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

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