951-960 of 1128 results
Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...
No safe harbours for mortgage brokers in latest reforms
Hot on the heels of its Implementation Roadmap, the Federal Government has released draft legislation introducing a best interests duty and banning conflicted remuneration for mortgage brokers. ...
Treasurer's 'Roadmap' more a reminder than an explainer
The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...
ASIC's product intervention power – time to permanently retire a furphy?
Three consultation papers released by ASIC in recent times are far more interesting for what they reveal about whether the newly-minted product intervention power was really needed in the first place, than they are for what they say about ASIC's intentions in exercising the power. ...
Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
The beginning of the end of the unit trust's monopoly? A look at common contractual funds
The Board of Taxations report on tax arrangements applying to collective investment vehicles considers that offshore investors are dissuaded from investing in Australian funds because they do not understand unit trusts and that access to a broader range of collective investment vehicles would help ...
New legislation introduces criminal offences for false accounting
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 ...
Predictive coding: the future of electronic document production?
A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...