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Round 2: Financial Advice
Issues 10 Feb 2019

In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...

Round 3: Lending Practices to Small and Medium Enterprises
Issues 10 Feb 2019

Throughout the Royal Commission, Commissioner Hayne grappled with the difficulties of striking an appropriate balance between ensuring that small and medium enterprises (SMEs) have access to credit, and imposing standards on the provision of that credit to protect SME borrowers and third-party guara ...

Proposed Changes to ASX Guidance Note 8 on Continuous Disclosure
Insight 18 Mar 2015

The ASX has released a consultation paper on proposed changes to Guidance Note 8 related to analysts and investor briefings analysts forecasts consensus estimates and earnings surprises ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

When is a trust a commercial necessity?
Insight 10 Mar 2015

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. ...

Decision confirms limits on general meeting shareholder activism
Insight 03 Aug 2015

A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...

All but one: Federal Government issues response to FSI report
Insight 20 Oct 2015

The Federal Government today released its long-awaited response to the Financial System Inquiry The Government says it has accepted all but one of the Inquirys 44 recommendations released late last year And this is broadly true with the only substantial recommendation to be rejected being the ...

FoFA amendments made
Insight 01 Jul 2015

The Federal Government has made the 'time critical' FoFA amendments with new regulations saying that any financial product advice provided to an employer about their default superannuation fund is a financial service provided to a retail client. ...

The beginning of the end of the unit trust's monopoly? A look at corporate CIVs
Insight 04 Sep 2015

The Board of Taxations report on tax arrangements applying to collective investment vehicles advocates extending tax neutrality to three additional collective investment vehicles corporates modelled on the Luxembourg SICAV limited partnerships and common contractual funds In this issue we examine ...

New legislation introduces criminal offences for false accounting
Insight 23 Feb 2016

The Federal Government has proposed new legislation that introduces two new criminal offences for false accounting into the Commonwealth Criminal Code The proposed false accounting offences are designed to help Australia comply with the OECDs Convention on Combating Bribery of Foreign Public ...

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