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Banking and Financial Services Insights

This issue includes: Managing conflicts of interest - ASIC's policy proposal; Better Banking for the Bush; Money laundering laws go beyond banks - and cash; ATO releases draft GST ruling on...

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Banking and Financial Services Insights

This issue includes: FSR: Brave New World?; Fixed charges against book debts and blocked accounts; Lenders beware of limited recourse charges - featherweight security; Exporting Australia's PPP...

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Banking and Financial Services Insights

This issue includes: FAQ on superannuation safety reforms; Personal liability extended for directors of corporate trustees; Process Contracts in tendering - How they can be avoided; Tardy secured...

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Banking and Financial Services Insights

This issue includes: Insolvent trading - Odds stacked against directors; Clipping the phoenix's wings; Potts Report proposes further insurance reforms; International Accounting Standards - potential...

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Banking and Financial Services Insights

This issue includes: Draft standard on corporate governance and information and communication technology; No priority for financial assistance given to administrators; Insolvency perspective on CLERP...

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Banking and Financial Services Insights

This issue includes: Charges over company book debts; New law reform proposals for online credit contracts in Australia; Revival of the letter of comfort; The brave new world of vendor duty - does it...

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Banking and Financial Services Insights

This issue includes: APRA outlines its implementation of new reporting standards; The new common rule awards - how are Victorian employers affected?; The taxman concedes; Clayton Utz plays a pivotal...

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Banking and Financial Services Insights

This issue includes: Changes to an exemption for the liability to pay interest withholding tax; New rules foreshadowed for NSW local council Public Private Partnerships; Australian insureds get no...

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Banking and Financial Services Insights

This issue includes: Further limitation on "all monies" clauses; Getting ready for choice of superannuation fund; New land rich disposal duty in New South Wales; APRA announces its approach to the...

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Banking and Financial Services Insights

This issue includes: Insurance: Fallout from Spitzer lawsuit hits Australia; Boilerplate's role in the preservation of guarantors' liability; Prestigious appointment for Clayton Utz consultant; ASIC...

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Banking and Financial Services Insights

This issue includes: ISDA Master Agreement: Effectiveness of "flawed asset" clause - Enron v TXU; Ability of liquidator to recover against large creditors; Finance industry has duty to manage...

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Banking and Financial Services Insights

This issue includes: Termination for the private party's default under a PPP - to pay or what to pay?; Is there a choice to provide "choice"?; The 'standardised' approach to credit risk under the Basel...

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Banking and Financial Services Insights

This issue includes: Managing legal risks of online fraud; Phasing out of state taxes - the new landscape; Financial services reform - government announces proposals for refinements; Guide to the Law...

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Banking and Financial Services Insights

This issue includes: A charge is not a loan; Recent Family Law Act amendments - the financier impact; Personal liability of directors of corporate trustees; CU partner secures Consumer Council...

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Banking and Financial Services Insights

This issue includes: Investor Directed Portfolio Services - changes in the wind; What is a "financial institution"?; Overturning the legal order of debts; New Act controls workplace surveillance;

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Banking and Financial Services Insights

This issue includes: APRA releases Discussion Paper on the adoption of IFRS and its approach to Tier 1 Capital; The UK Pensions Act 2004 and its implication for companies doing business in the UK; Does...

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Banking and Financial Services Insights

This issue includes: US developments - SEC reforms the Securities Act; Exposure draft of AML legislation to be released shortly; Shareholders vs creditors; Clayton Utz stokes the coals of Kooragang...

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Banking and Financial Services Insights

This issue includes: Super Life Policies and APRA's new outsourcing standard; ISDA 2005 Novation Protocol; Recent stamp duty developments; Profile - John Moutsopoulos;

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Banking and Financial Services Insights

This issue includes: Online advice tools - when are they financial product advice or financial products?; (Do not) call sounds for telemarketing; Is an insured benefit an accrued benefit?; Sharing...

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Banking and Financial Services Insights

This issue includes: Overview of the Anti-money Laundering and Counter-Terrorism Financing Legislation; Independent office of the trustee: a model for managing conflicts in financial institutions?;...

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Banking and Financial Services Insights

This issue includes: New draft standards on tier 1 capital, securitisation and interest rate risk in the banking book; Austral Coal update - the use of cash-settled equity swaps in takeovers; Corporate...

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Banking and Financial Services Insights

This issue includes: Personal property securities - proposals for reform; "Future" creditors and insolvent companies; Are promissory notes "debentures" under the Corporations Act?;

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Banking and Financial Services Insights

This issue includes: Financial regulation in Australia: who should regulate the regulators?; Can you charge negative interest on super fund benefits?; War by any other means: liquidation as a business...

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Banking and Financial Services Insights

This issue includes: Institutional investors and shareholder class actions: when to participate?; Everyone's a winner, baby? Pooling insolvent groups; Court finds mortgage unjust despite false...

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Banking and Financial Services Insights

This issue includes: Sons of Gwalia - hype or horror story?; Retail investment products for super funds; 2006 ISDA Definitions; The X&Y Files: High Court confirms APRA's powers; APRA and the AXA...

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Banking and Financial Services Insights

This issue includes: Recovering money paid by mistake; Implementation of Basel II: APRA releases a raft of draft prudential standards;

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Banking and Financial Services Insights

This issue includes: Managing the global financial crisis; Credit crunch - Some lessons for structuring and operating property funds; Developments in dollar-based materiality in unit pricing;...

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Banking and Financial Services Insights

This issue includes: Islamic finance: An introduction; Profile - Nick Poole;

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Banking and Financial Services Insights

This issue includes: Syndicated lending and cartel offences under the Trade Practices Act; Introduction to Islamic finance - Part II;

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Banking and Financial Services Insights

This issue includes: Shariah funds: Opportunities and challenges in the Australian market; The PJC's Financial Services Inquiry; Quenching Melbourne's thirst with the Victorian desalination project;

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Banking and Financial Services Insights

This issue includes: Variations to charges: High Court dismisses the appeal in Octaviar; Managing tax consolidation risk for secured financiers; High Court holds dishonouring cheques was defamatory and...

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A sting in the Tael: Seller's entitlement to interest accruing pre-settlement

An English court recently determined that certain fees accruing after the settlement date of a debt trade may be payable to the seller. What does this mean for future debt trades here, ask Nick Poole,...

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Another look at material adverse effect clauses: the Grupo Hotelero case

Material adverse effect clauses are prevalent in Australian loan documentation, but how will courts interpret them? Maria Ratner finds some answers in a recent case form the UK.

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Major shakeup of Australia's financial services sector on the way

The Federal Government has accepted the vast majority of changes recommended by the Financial System Inquiry headed by David Murray, and set out a roadmap for the biggest reforms in 20 years under five...

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