The Federal Governments response to the Productivity Commissions report on data availability and use released this week outlines a bold vision but has a surprising lack of detail suggesting implementation is likely to be some way off If legislation is introduced the new regime will result in a ...

The Federal Government has announced that it proposes to strengthen ASICs powers and to increase the severity of penalties civil and criminal that can be imposed on individuals and corporations in line with the ASIC Enforcement Review Taskforces recommendations Partner Rachel Nicolson and Senior ...

You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry is well underway with its first round of public hearings wrapping up less than a month ago By reference to a number of case studies the first round of hearings focused on consumer lending practices In ...

The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...

As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...

Fund financing activities in Australia remained strong in 2017 with particular focus on infrastructure private equity funds and private debt funds which have taken advantage of the additional liquidity and funding flexibility in this market Allens Partner Tom Highnam Managing Associate Rita Pang and ...