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Trustee insolvency - the Full Federal Court weighs in to the debate
Insight 29 Mar 2018

The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...

Preparing a target market determination for a financial product
Insight 21 Mar 2018

As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Insight 13 Mar 2018

Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

Corporate law developments
Insight 09 Mar 2018

Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...

Contract Law Update 2017
Insight 07 Mar 2018

The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...

Australia - Fund Finance 2018, 2nd Edition
Insight 27 Feb 2018

Fund financing activities in Australia remained strong in 2017 with particular focus on infrastructure private equity funds and private debt funds which have taken advantage of the additional liquidity and funding flexibility in this market Allens Partner Tom Highnam Managing Associate Rita Pang and ...

Move to require big banks' participation in comprehensive credit reporting
Insight 23 Feb 2018

The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018 Partner Gavin Smith Senior Associate Emily Cravigan and Lawyer Dougald Coulson report ...

Report: Our look ahead to the private equity market in Australia
Insight 22 Feb 2018

As new funds enter the local market flexible debt funding structures become more prevalent and sponsors are forced to deploy capital in more innovative ways we expect the Australian PE market to continue to grow Private Equity Horizons 2018 reviews the PE market and looks at the trends and sectors ...

ACCC's Enforcement and Compliance priorities for 2018
Insight 22 Feb 2018

A number of industries and issues are in the spotlight following release of the ACCCs 2018 Enforcement and Compliance Priorities by ACCC Chairman Rod Sims on 20 February 2018 The financial services energy commercial construction and agriculture sectors will be a focus in 2018 as well as the ...

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