431-440 of 480 results
Australian landholder duty: avoid the pitfalls of an ever expanding duty base
An increased focus on taxing indirect real property transfers has seen the 'land-rich' or 'landholder' duty rules expand significantly over the years, resulting in far more transactions being liable to duty. ...
Court takes an expansive view of threshold requirement for class actions against multiple respondents
A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...
New opportunities for charities as 'directness' requirement ruled out
The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Directors' duties and the interests of 'APRA beneficiaries'
The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...
Allens insights: Brave new world where financial advisers work in sales
The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...
Does legal professional privilege apply to communications with third-party commercial advisers?
Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...
Class Action Insights
In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...
Bringing light to the shadows: regulation of the Australian shadow banking sector
The Financial Stability Board has been working since the GFC to develop a policy framework that mitigates the systemic risks of the shadow banking sector while simultaneously preserving its benefits We examine international developments in shadow banking and the Boards proposed regulatory response ...
Shareholder activism in Australia
The past few years have seen a dramatic rise in shareholder activism across Europe and the US This trend is now becoming increasingly common in Australia Following an unsuccessful attempt to gain control of the board of ASX-listed Antares Energy Limited by a US-based hedge fund Partner Tim Lester ...