The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Last month we were fortunate enough to host Barney Frank co-architect of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 to discuss financial regulation reform Coincidentally a couple of weeks later we were treated to a presentation on US financial regulation reforms by a US ...

The Dodd Frank Act is a bit like the US financial system it is trying to regulate - vast complex and hard to wade through It creates a bunch of new regulators on top of what was already a pretty solid cast and gives them wide-ranging powers They can not only set capital and liquidity requirements ...

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. ...

From 1 October 2015 short-term leases of serial numbered goods will no longer be deemed security interests under the PPSA Businesses should review their current PPS policies and where appropriate implement changes to processes as Partner Karla Fraser and Lawyer Katharine Ward explain ...

Those dealing in PNGs capital markets should be aware that the PNG Parliament recently passed a package of legislation to substantially amend and strengthen the regulation of its capital markets The regime will introduce new licensing requirements for those involved in activities such as securities ...

In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...

ASIC released its report Financial advice Fees for no service today It says that there has been a systemic failure by advice licensees within some of the major banks and AMP to provide ongoing advice in return for ongoing fees The report relates chiefly to arrangements between licensees and clients ...

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...