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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Bold and sometimes radical - the final Murray report
The Financial System Inquirys final report has been released We havent tested this with Word Cloud but we think the report can best be encapsulated in the word however The financial system has held up well however And what follows the however is often bold and sometimes radical There are five ...
Funding a Fund: The growth of the capital call facility
The Australian corporate debt market is primed for growth, with an increase in the number of funds providing direct lending as an alternative source of financing to the traditional lending dominated by domestic banks. ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
Seeking judicial advice on whether to seek judicial advice
For more than 150 years trustees have been able to obtain advice from courts on matters affecting the management or administration of trust property and on matters respecting the interpretation of trust deeds Trustees would usually only seek such advice however if they had doubts about a proposed ...
Bank technology failures: A new frontier for regulatory intervention?
The UKs regulatory authorities have imposed the largest ever fines in Europe for technology failures in the financial services industry following a serious IT incident affecting more than 65 million customers in the UK It should serve as a cautionary tale for Australian financial institutions ...
Will Australia serve up a Chilean-style super system?
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 ...
Indirect costs - where to from here for superannuation trustees?
As many in the superannuation and managed investments industries are well aware there has been a number of significant changes to the manner in which indirect costs will need to be calculated and disclosed in PDSs that are on issue after 1 January 2016 While parts of the industry are continuing to ...
What do smoked fish have to do with retirement incomes?
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 ...
Getting The Deal Through: Boom in renewables
Allens Partners Ben Farnsworth Michael Ryan and Tim Stewart were part of the global panel analysing the boom in renewables in the Australian project finance market In Getting the Deal Throughs third annual issue focusing on the global project finance markets Ben Michael and Tim look at the trends ...