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Construction Law Year in Review 2014
Insight 20 Feb 2015

Our Construction Law Year in Review 2014 provides an overview of important construction law decisions and legislative developments in the past 12 months and considers how this may impact on your business ...

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

ASIC's enforcement powers may receive a boost
Insight 05 Feb 2015

In preparing its Final Report the FSI has clearly paid close attention to the report of the Senate Economics References Committees Report into ASICs performance and its recommendations designed to strengthen ASIC through a combination of better funding an enhanced regulatory toolkit and higher ...

Will Australia serve up a Chilean-style super system?
Insight 05 Feb 2015

The Financial System Inquirys final report was blunt in its assessment of the current state of Australias super system noting that the superannuation system is not operationally efficient due to a lack of strong price-based competition The Inquirys concern with super fees and costs led to one of the ...

A new dawn for crowd sourced equity funding?
Insight 05 Feb 2015

CAMAC and the FSI have acknowledged that the current Australian regulatory settings are hostile to crowd sourced equity funding A recently released Treasury Discussion Paper has considered three options for law reform and what each might mean for the development of this innovative form of capital ...

What do smoked fish have to do with retirement incomes?
Insight 05 Feb 2015

The final report of the Financial System Inquiry recommended that APRA-regulated superannuation trustees be required to offer a comprehensive income product for retirement This rather modest recommendation in the final report stands in stark contrast to the retirement phase policy options canvassed ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

Costs decisions of the Queensland P&E Court - the year in review
Insight 29 Jan 2015

In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the courts discretion to award costs Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned ...

High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Insight 22 Dec 2014

Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...

Vietnam Legal Update: New Law on Bankruptcy to take effect in January
Insight 22 Dec 2014

Vietnams new Law on Bankruptcy will take effect from 1 January 2015 bringing in a number of changes including a new definition of bankruptcy Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ ...

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