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You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
Update on the Royal Commission
A lot has happened since our most recent update The Royal Commission has published the submissions received from ASIC and industry participants on policy questions posed by Counsel Assisting at the end of the financial advice hearings And the small business lending hearings have been held ...
2017 Budget: increased scrutiny on competition and accountability in the financial system
Treasurer Scott Morrison this week announced that he has tasked the Productivity Commission to review the state of competition in Australias financial system The Budget has also included other measures focused on competition in the financial sector including funding to establish a dedicated ACCC ...
Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...
ASIC sell-side research consultation and proposed regulatory guidance
ASICs new regulatory guidance focuses on managing conflicts of interest and material non-public information when providing sell-side research As well as providing extensive guidance on managing conflicts of interest during the capital raising process ASIC provides its views on payment of ...
Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...
A new planning regime for Queensland
A new planning regime for Queensland has come into effect today with the commencement of the Planning Act 2016. ...
Australian Government proposes new foreign bribery offences
Australias lack of enforcement of foreign bribery legislation has attracted increasing criticism in recent years but the Federal Government is expected to soon table legislation proposing wide-ranging reforms We look at two key proposed changes for Australian companies ...
Are CCIVS the beginning of the end for the Unit Trust's monopoly?
The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...
Royal Commission: Round 2 - experiences with financial advice
Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...