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Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
Insight 10 Apr 2017

The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...

A new planning regime for Queensland
Insight 03 Jul 2017

A new planning regime for Queensland has come into effect today with the commencement of the Planning Act 2016. ...

Reporting significant breaches - or something that may (or may not) be a breach?
Insight 05 May 2017

The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...

Can super really help housing affordability (and I have not asked should it)?
Insight 07 Jun 2017

The 2017 Budget included proposals intended to reduce pressure on housing affordability Two of them use the superannuation system to do so the First Home Super Saver Scheme and the Reducing Barriers to Downsizing proposal Partner Michelle Levy examines the schemes in more detail ...

Expert review into fees and costs disclosure - further changes ahead
Insight 20 Aug 2018

Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...

Are CCIVS the beginning of the end for the Unit Trust's monopoly?
Insight 19 Sep 2018

The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...

Market-led proposals - still a unique opportunity
Insight 02 Oct 2018

Australia has seen a significant increase in market-led proposals for infrastructure projects This is having an important effect on how government interacts with the private sector with all states and territories having released detailed guidance intended to boost these submissions even more Partner ...

Efficiently, honestly and fairly - overarching and fundamental obligations?
Insight 11 Oct 2018

In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...

Royal Commission: Round 1 - experiences with consumer lending practices
Insight 02 Oct 2018

In examining the topic of consumer lending the Commission considered issues arising from the sale of credit products ndash including residential mortgages car finance and credit cards - by reference to case studies involving the four major banks as well as Aussie Home Loans and Citi ...

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