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Federal Court and ASIC shine spotlight on supervisory and risk management requirements for CAR arrangements
In its recent decision in Australian Securities and Investments Commission v Lanterne Fund Services Pty Limited [2024] FCA 353, the Federal Court highlighted the risk of breach of the general obligations of Australian financial services (AFS) licensees under the Corporations Act 2001 (Cth) (the Act) ...
Key steps to prepare for the fifth edition of the ASX Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council (the Council) recently published the Consultation Draft for a fifth edition of the ASX Corporate Governance Principles and Recommendations (the Recommendations). ...
Treasurer hails fifth wave of competition reform with changes to merger clearance rules
The Federal Treasurer, Dr Jim Chalmers MP, announced today that the Government is moving ahead with its plans to introduce significant changes to Australia's merger clearance rules. ...
The expectation of continuous improvement in combating modern slavery
There is an expectation that businesses demonstrate continuous improvement in their response to modern slavery and reporting under Australia's Modern Slavery Act 2018 (Cth) (the MSA). ...
It's finally here – BNPL to be incorporated into the existing consumer credit regulatory framework
In this Insight, we explain key elements of the Treasury Laws Amendment Bill 2024: Buy now, pay later (the Draft Bill) and canvass some of the issues that BNPL providers will need to consider. ...
Tax benefits and desire: lessons from the Minerva Part IVA decision
The decision represents a significant win for taxpayers and provides guidance on the operation of Australia's anti-avoidance rules contained in Part IVA. ...
What's trending: board skills and diversity reporting
In this Insight, we examine the key trends in board skills and diversity reporting across Australia's top 50 ASX-listed entities over the last three years, provide an update regarding proposed changes to the ASX Corporate Governance Council's Corporate Governance Principles and Recommendations. ...
Common FIRB issues for private equity firms
Australia's foreign investment approval regime is complex. The tests governing whether a transaction requires foreign investment approval—commonly known as Foreign Investment Review Board (FIRB) approval—are complex and layered. ...
Giving new meaning to 'going off grid': can alternatives to utility scale generation solve the energy transition?
Challenges facing the energy transition present opportunities for consumers and investors. Can alternatives to utility scale generation solve the energy transition? ...
Opportunities for private capital to increase renewables investment, despite the transmission logjam
Amid fears that Australia's ambitious grid buildout is falling behind schedule, how are investors continuing to deploy capital in renewables projects? ...