981-990 of 1185 results
Can product suitability rules succeed where disclosure has failed?
One of the more interesting possibilities raised in the Interim Report of David Murrays Financial System Inquiry is the introduction of product suitability requirements as a complement to the current disclosure regime The Interim Report presents a case for change but does not set out in detail what ...
Court takes an expansive view of threshold requirement for class actions against multiple respondents
A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...
International arbitration update
In this issue we look at an unsuccessful challenge to the enforcement of foreign arbitral awards in the Federal Court of Australia recent changes to the arbitration rules of the Institute of Arbitrators and Mediators Australia the International Centre for Dispute Resolution and the London Court of ...
Isolated genetic material confirmed as patentable
In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...
Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...
New opportunities for charities as 'directness' requirement ruled out
The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Directors' duties and the interests of 'APRA beneficiaries'
The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...
100 member rule to be abolished
The 100 member rule for convening company meetings will be abolished under legislative amendments introduced into Parliament this week following consultation by the Federal Government on draft legislation earlier this year Proposed streamlining of remuneration disclosure obligations is also still ...
ASIC's employee incentive scheme class orders - new and improved
After much anticipation ASIC has released new employee incentive scheme class order relief Partner Greg Bosmans and Special Counsel Gadi Bloch members of Allens Head Office Governance team report on the implications for listed and unlisted companies ...