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Comply or say bye to your franchise!
With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...
100 member rule to be abolished
The 100 member rule for convening company meetings will be abolished under legislative amendments introduced into Parliament this week following consultation by the Federal Government on draft legislation earlier this year Proposed streamlining of remuneration disclosure obligations is also still ...
Bringing light to the shadows: regulation of the Australian shadow banking sector
The Financial Stability Board has been working since the GFC to develop a policy framework that mitigates the systemic risks of the shadow banking sector while simultaneously preserving its benefits We examine international developments in shadow banking and the Boards proposed regulatory response ...
What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
AIFMD - the future of marketing to European investors
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 ...
Bank capital - where to from here?
If you have been following the debate about bank capital in recent months you could be forgiven for thinking there is only one issue how much capital should banks have to hold on account of their residential property lending activities However the Financial System Inquirys recommendations on bank ...
ASIC Corporate Plan puts cyber resilience high on the agenda
ASIC's latest Corporate Plan has put cyber resilience high on the agenda ...
Christmas comes early for the AFP and CDPP: Bill introduced to reform foreign bribery laws and introduce DPA scheme
The Australian Government has introduced the Crimes Legislation Amendment Combatting Corporate Crime Bill 2017 into the Senate which if passed into law will significantly strengthen Australias foreign bribery laws and introduce a Deferred Prosecution Agreement scheme for resolving corporate criminal ...