1141-1150 of 1169 results
The best interests duties - process or outcome?
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 ...
Guarantors owed a duty of care under the Code of Banking Practice
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 ...
Being 'professional' under D&O insurance policies
In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...
Bitter Harvest yields fertile ground for MIS reform
Last month the Senate Economics References Committee handed down its long-awaited report on the structure and development of agribusiness-managed investment schemes The Committees inquiry into agribusiness schemes had been instigated in June 2014 by Greens Senator Peter Whish-Wilson While there had ...
Spotting hurdles in the race to market Australian funds in Asia
The introduction of the Asia Region Funds Passport ARFP has been in the works for some time The ARFP was one of the recommendations coming out of the 2009 Johnson Report and aims to provide a basis for cross-border marketing of managed funds in the Asia region While there has been a tendency to ...
FSI outcomes - what will happen and when?
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 ...
Report: Green Bonds: emergence of the Australian and Asian markets
The global market for Green Bonds continues to grow steadily driven by strong investor demand and the continual need for capital to finance green projects ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
Another step towards prudentially regulating conglomerate groups
The Australian Prudential Regulation Authority has taken another step towards implementing its prudential framework for the supervision of conglomerate groups While it has made some new prudential standards that are specific to conglomerate groups and extended some of its existing standards to such ...
Development of the corporate bond market
It has been recognised for some time that the domestic corporate bond market constitutes a weak spot in the otherwise robust and deep Australian capital markets The less developed domestic bond market is a distinguishing feature among the leading financial systems and capital markets This was no ...