931-940 of 1063 results
The best interests duties - process or outcome?
Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...
The China-Australia Free Trade Agreement
After almost 10 years of negotiations between the nations on 17 November 2014 Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement ChAFTA Once implemented the ChAFTA is expected to significantly reduce import barriers for ...
FoFA amendments made
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. ...
Protecting the financial system from cross-border contagion
In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...
WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
Linklaters Insights: Legal implications of the Greek debt crisis
After months of political stalemate in negotiations with its creditors to unlock access to bailout funds the Greek government has announced a referendum on proposed bailout conditions an extended bank holiday and the imposition of capital controls ...
Draft rules published for mandatory central clearing of derivatives and single-sided reporting
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 ...
Nudge, nudge, think, think - ASIC and behavioural economics
In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...
The 'Internet of Things' meets financial advice
With financial services providers already taking advantage of the possibilities created by a new tide of internet meta data we need regulators and a regulatory regime that see the opportunities implicit in the change and not only the risks ...