A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

Legislation introduced into Parliament will impose a 10 per cent non-final withholding tax on proceeds paid to foreign parties to acquire direct or indirect interests in Australian real property and mining rights from 1 July 2016 Partner Martin Fry and Lawyer David Lewis discuss the proposed law ...

You might be getting tired of all of the talk about innovation and keen to see some of it actually happen The Governments recent announcements could help but there is a long way to go before the mining boom becomes the ideas boom ...

The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...

Are you interested in the financial system and how it is regulated The Federal Governments response to the Financial System Inquiry was recently handed down but it can be hard to work out where exactly things are heading We have put together a table that sets out what is likely to happen and when ...

The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...