591-600 of 1168 results
Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
ASIC clamps down on SMSF advice
ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Full Federal Court rules against agreed civil penalties
Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...
Big Data v 'personal advice' - an unequal contest?
There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...
The beginning of the end of the unit trust's monopoly? A look at limited partnerships
Board of Taxation's report on tax arrangements applying to collective investment vehicles, released by the Federal Government on 4 June 2015. ...
The UK's focus on personal accountability for bank employees: a sign of things to come?
Last month we discussed the carrot in the UK Parliamentary Commission on Banking Standards - how the regulators are making sure remuneration for bank staff encourages prudent risk behaviour This month we are looking at the stick - how the UK is strengthening regulators enforcement armoury to enable ...
Significant High Court decision on settlement of regulatory proceedings
The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...
Round 1: Experiences with consumer lending practices
In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in their application and enforcement. ...