The recent Goodwin Street Developments decision provides much-needed guidance on the application of the statutory duty of care owed by builders (and certain building professionals) to property owners under section 37 of the Design and Building Practitioners Act 2020 . ...

Developers and financiers will need to take a long-term view on the market and navigate a myriad of bankability issues to secure external bank debt. In this Insight we explore some of these key challenges. ...

The Draft Circular replacing the current circular No. 12/2014/TT-NHNN on conditions for non-government guaranteed cross-border foreign loans has been released for public consultation on 11 May 2022. It proposes to tighten conditions for taking out these loans, in order to manage Vietnam's overall borrowing exposure and ensure proper use of foreign loans. This Insight explains the potential impacts of the Draft Circular on foreign lenders and domestic borrowers. ...

The final anticipated amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) have been passed in the nick of time, making their way through the Senate in its last sitting before the 2022 Federal Election. These latest amendments introduce new and enhanced obligations for risk management programs and security respectively, and the concept of ‘systems of national significance’. ...

APRA and AUSTRAC provide risk-management guidance in relation to crypto-assets ...

Coming off a busy 18 months or so – with the number of reforms too long to count on all fingers and toes – superannuation trustees could be forgiven for wanting to take an extended holiday from regulatory change. But with Parliament prorogued ahead of the election, now is a chance for trustees to take stock of the regulatory reforms slated for 2022. In this Insight, we provide a snapshot of the key reforms. ...

In PE Horizons 2021, we predicted the year could be one of, if not the, busiest years ever for dealmakers in Australia. Although our prediction proved to be correct, to the surprise of many, traditional PE investors had a relatively mixed ...

The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...

The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...

Alongside record flows into sustainable funds and investments, growing attention on ESG presents opportunities and challenges for investors and fund managers alike. Watch our latest video on key steps to harnessing the opportunities and mitigating the risks that ESG investing brings. ...