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

As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...

It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...

The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...

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 ...

Following on from the reviews conducted by the Parliamentary Joint Committee and the Financial System Inquiry the Government delivered on its promises by releasing an exposure draft of the Corporations Amendment Professional Standards of Financial Advisers Bill 2015 the Bill late last year for ...

How many times have you heard someone say FoFA is settled Next time you hear that you should reach for one of the many quotable quotes from The Castle and tell em theyre dreamin First there are the so-called Retail life insurance industry reforms Then get ready for remuneration reforms in the ...

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

You might be getting tired of all of the talk about innovation and keen to see some of it actually happen The Governments recent announcements could help but there is a long way to go before the mining boom becomes the ideas boom ...

The FSI report recommended that the Government facilitate rationalisation of legacy products in the life insurance and managed investment scheme industries The need for ways to close legacy products has been kicking around for at least a decade and in 2007 Treasury released a very thorough options ...