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 ...

Exposure draft legislation to implement long-awaited changes to the tax regime for managed investment trusts is expected to be issued shortly ahead of the regimes recently announced start date of 1 July 2015 Partner Katrina Parkyn recaps some of its expected key features and likely impacts on the ...

While the media has focused on the more sensational recommendations of last weeks Senate report on the Australian Securities and Investments Commission there are a number of other interesting comments and themes that provide some clues about future regulation by the Federal Government surveillance ...

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 ...

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 ...

The Financial System Inquirys interim report devotes a lot of space to superannuation but doesnt have a great deal to say What is missing from the report is any vision for a retirement income system and it is hard to see how the FSI will bring about any significant changes It is also hard to see ...

The Financial System Inquiry FSI has asked whether superannuation should cease to be prudentially regulated Is this idea likely to go anywhere Dont be so sure that it wont ...

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 ...

APECs Working Group on the proposed Asia Region Funds Passport has issued a second consultation paper on the rules and operational arrangements for the Passport and seeks views from the public on a limited number of issues Managing Associate Janna Vynokur and Senior Associate Matthew Symmons report ...

With the recent Intergenerational Report having further highlighted the need to deliver social outcomes in an efficient way Partners David Donnelly and James Darcy report on the potential role of social benefit bonds in providing social infrastructure and services ...