261-270 of 289 results
Does legal professional privilege apply to communications with third-party commercial advisers?
Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...
Bringing light to the shadows: regulation of the Australian shadow banking sector
The Financial Stability Board has been working since the GFC to develop a policy framework that mitigates the systemic risks of the shadow banking sector while simultaneously preserving its benefits We examine international developments in shadow banking and the Boards proposed regulatory response ...
ASIC report on disclosure of fees and costs
Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...
ASIC grants more time to update websites and some relief from fees and costs disclosure
ASIC issued Class Order 14509 yesterday providing late but welcome breathing space for superannuation trustees to update their websites to disclose executive remuneration and other information The Class Order provides safe harbour timeframes for disclosure And today ASIC has released Information ...
More (good) Queensland property law changes (inc. up to 20% deposits!!)
Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...
Rethinking Australia's regulatory approach to securitisation
The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...
Will ASIC shift its regulatory focus from disclosure to suitability?
The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...
ASIC on confidential information and briefings
ASIC recently issued a report on the handling of confidential information by listed entities and their advisers focusing on analyst and investor briefings and unannounced corporate transactions While the report does not identify any systemic issues it does highlight a number of areas of concern ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
Confirmation of FATCA Status of Australian Superannuation Funds
The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...