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UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

2017 Budget: increased scrutiny on competition and accountability in the financial system
Insight 10 May 2017

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
Insight 11 Oct 2017

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 ...

Updated guidance on conflicted remuneration and other banned benefits
Insight 07 Dec 2017

Earlier today ASIC released an updated version of Regulatory Guide 246 concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees The changes are largely to address the life insurance remuneration reforms which take effect on 1 January 2018 But there are other ...

Unitranche financing in the Australian market
Insight 04 Dec 2017

As regulatory and political pressure increases on the major banks in Australia alternative credit providers are entering the market with a variety of products to attract borrowers The unitranche loan is an example of one such product Partner Warwick Newell Senior Overseas Practitioner Alex Tonkin ...

Proposed Foreign Influence Transparency Scheme to shine light on foreign interests lobbying
Insight 20 Dec 2017

The Federal Government has introduced into Parliament legislation that if passed will create the Foreign Influence Transparency Scheme which will require persons and entities who have arrangements with or undertake activities for foreign principals to meet certain registration obligations The scheme ...

Linklaters Insights: Business Crime Quarterly
Insight 19 Jan 2018

In the Business Crime Quarterly Autumn 2017 edition our global alliance partner Linklaters examined the extent to which international regulators and prosecutors are increasingly working together to tackle economic crime We contributed summaries on the recently published judgment in the Tabcorp civil ...

ASIC Corporate Plan puts cyber resilience high on the agenda
Insight 16 Oct 2017

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
Insight 08 Dec 2017

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 ...

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