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The wait is over: Equator Principles 4 is here
Insight 25 Nov 2019

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

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. ...

Allens advises Cerberus on acquisition of specialist SME lender
News 23 Sep 2019

The partnership between Cerberus and the Axsesstoday management team is Cerberus' second successful acquisition in Australia. In 2018, it acquired Bluestone Group's Australasian mortgage lending an ...

Allens acts on NAIF loan package for WA's Beyondie project
News 09 Dec 2019

Located 160 km south east of Newman, the Project aims to produce SOP, a high-yield, premium fertiliser, for domestic and international sale. The loan is comprised of a $48 million Infrastructure ...

Allens advises CPPIB on first infrastructure investment in Indonesia
News 05 Dec 2019

Headquartered in Toronto, CPPIB is a global investment manager with a diversified portfolio of infrastructure assets, public equities, private equities, real estate and fixed income instruments. ...

ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
Insight 01 Oct 2019

The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...

Australia considers adopting worldwide human rights sanction regime
Insight 16 Dec 2019

A parliamentary inquiry has been announced into whether Australia should introduce a legislation authorising the government to impose sanctions against gross human right abusers. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

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