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Treasury's Exposure Draft Bills introduce important and significant changes
Insight 03 Feb 2020

On Friday the Government released a large package of Exposure Draft Bills to implement the last of the Financial Services Royal Commission recommendations. There are some important and significant changes and Treasury is consulting widely (although not for very long) and seeking feedback. ...

Australia - Fund Finance 2020
Insight 31 Jan 2020

The fund financing market in Australia continued to be buoyant in 2019. Private equity, infrastructure and real estate funds remain the main drivers of volume, with an increasing number of newly raised as well as existing private debt funds also capitalising on the market's additional liquidity and ...

Connected infrastructure
Insight 30 Jan 2020

Both the Sydney population and the population of Melbourne are expected to reach the size of New York City by 2050, raising questions about how our cities of the future will function. ...

Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

Real estate M&A and industry review
Insight 28 Jan 2020

The real estate industry continues to evolve in a technology focused world, unlocking new REITs (real estate investment trusts) and investment opportunities. Against a backdrop of low bond yields, easing monetary policy and global volatility, our real estate sector M&A experts share insights and consider what opportunities lay ahead for the real estate Mergers and Acquisitions sector. ...

When performance is personal – the hazards of subcontracting without consent
Insight 16 Dec 2019

A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

ASIC Report 639: Why not…review and remediate?
Insight 13 Dec 2019

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

Disclosure of fees and costs and new RG 97
Insight 13 Dec 2019

Anyone with even a passing professional interest in superannuation and funds will be familiar with 'RG 97' . This Insight examines the key changes made to regime after the ASIC review. ...

Goodbye, conflicted remuneration (and hello, conflicted remuneration)
Insight 13 Dec 2019

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...

NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Insight 12 Dec 2019

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...

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