27. October 2011 14:10
Volume 27, Issue 1 of the Australian Insurance Law Bulletin is now available to subscribers. Articles in this issue include the following:
- ‘HIH Claims Support Scheme scaffolding exposed’ by Amanda Lees, Blake Dawson
- ‘Insurance coverage for cyber risks: Sony Playstation and beyond’ by Andrew Miers, HWL Ebsworth
- ‘Access to insurance policies: another potential plaintiff seeks access to inspect a D&O policy ... and is successful’ by David Gerber, Clayton Utz
- ‘Delay in prosecuting actions’ by Richard Leahy, Barry Nilsson Lawyers, with assistance from Nicola Davis
- ‘TPD clauses and super trustees’ duties’ by Michael Iacuzzi, Lisa Norris and Paul Cleary, Turks Legal
27. October 2011 10:11
11-227AD ASIC suspends Far East licence for failing to lodge financial statements
Monday 24 October 2011
ASIC has suspended the Australian financial services (AFS) licence of Sydney-based Far East Capital Limited (Far East) for failing to comply with a number of key obligations as a financial services licensee.
In particular, ASIC found that Far East:
- failed to lodge financial statements, auditor reports and auditor opinions over consecutive years, in breach of both its legal obligations and licence conditions, despite repeated demands from ASIC to comply; and
- did not advise ASIC of these breaches.
Far East offers a number of financial services including research reports on market trends for prospective investors.
The suspension of Far East’s AFS licence is part of ASIC’s ongoing efforts to improve standards across the financial services industry.
ASIC Commissioner, Dr Peter Boxall, said, ‘The compliance of Australian financial services licensees with their obligations is central to the informed and confident participation of consumers in the financial services markets.
‘ASIC has a program in place to follow up licence holders regarding lodgement of their accounts, which seeks compliance in the first instance but may result in action, such as this, to suspend or cancel a licence’, Dr Boxall said.
ASIC may consider revoking the suspension period in the event Far East lodges the outstanding reports.
Far East has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC’s decision.
21. October 2011 10:02
Annotations to the ASX Listing Rules is now live and available to customers
We are pleased to announce that Annotations to the ASX Listing Rules (ANNLR) is now live and available to customers.
ANNLR is an essential online companion to the ASX Listing Rules, providing comprehensive practical guidance on the day-to-day regulatory requirements, obligations and application of the ASX Listing Rules.
In particular, the product uniquely delivers the following to a customer’s workflow:
- Waivers database
- Increased functionality
- Depth of annotations
The decision has been made to release ANNLR in staggered form, to allow users to access the available material now.
- Chapters 1 - 7: Launched
- Chapter 9: November 14
- Chapters 8, 14, 15 and 19: November 28
- Chapters 10, 17 and 19: December 12
- Chapters 11 and 12: December 16
No annotations are required for Chapters 13, 16 and 20.
- Comprehensive content – the only product to provide practical, hands on guidance on the application of the ASX Listing Rules, going beyond a mere explanation or description.
- Intuitive functionality – includes a table of waivers allowing subscribers to easily locate a relevant waiver by reference to the ASX Listing Rules, company name, waiver number or date of issue.
- Topical expertise – written by top practitioners with extensive experience, providing valuable insight into regulatory policy and procedure.
- Extensive links – further research is facilitated with links to and from the relevant ASX rulebooks, ASX waivers, full text of cases, legislation, and more.
- Relevant and current content – frequent online updates ensure currency
21. October 2011 09:46
Volume 27, Issue 4 of the Australian Banking and Finance Law Bulletin is now available to online subscribers.
Inside this issue, you will find:
- ‘Fast Fix Loans Pty Ltd v Samardzic  NSWCA 260; BC201106779 (2 September 2011)’ by Anthony Lo Surdo, Barrister and David Richardson of HWL Ebsworth Lawyers
- ‘Fixtures and the Personal Property Securities Act: maintaining the status quo’ by Amanda Bull of Thynne & Macartney
- ‘Security over bank deposits under the Personal Property Securities Act’ by Kenton Steicke and Michael Spurritt of Kelly & Co Lawyers
- ‘Discharge for breaching a guarantor’s confidence, and the impact of the “innominate” term’ by Lee Aitken
- Graeme Howatson of Clayton Utz reports on the latest developments in banking and finance in ‘ASIC reports results from survey of financial services licensees’
- Barrister Anthony Lo Surdo reviews a new book by Richard Austin-Baker, ‘Implied Terms in English Contract Law’
13. October 2011 12:58
Issue 13 of Risk Management Today is now available online.
Subscribers will find the following articles featured in this issue:
- 'Driving growth through effective risk management: getting the risk culture, technology and people right to deliver growth' by Emma Price of Active Risk
- 'Risk management: perfectly complex or a path to perfection? — Part 1' by Ian Abrahams of Corprofit Systems
- 'Workplace investigations under the harmonised OHS laws' by John Makris and Kim Grady of Middletons
- 'Risk appetite statements — how good is yours?' by David Tattam of Protecht Pty Ltd
- 'Corporate governance and effective risk assessment' by Dr Ulysses Chioatto of Ssamm Management Consulting
6. October 2011 10:55
Volume 26, Issue 10 of the Australian Insurance Law Bulletin is now available to subscribers.
Articles in this issue include:
- ‘Moore v National Mutual Life Association of Australasia Ltd’ by Amanda Underwood of Norton Rose
- ‘The concept of “good faith” in modern mediation practice’ by Michael Loewenstein, Barrister-at-law
- ‘Take care that settlement documents do not affect recovery rights’ by Dr Andrew Lu OAM and Christopher Harris of Minter Ellison
- ‘More on loss of chance in claims against valuers’ by Greg Reinhardt of Australasian Institute of Judicial Administration
- ‘Contributory negligence: a review in Queensland personal injuries claims’ by Ken Horsley and Leah Mooney of Minter Ellison
Also in this issue:
- Index to volume 26
- Table of articles
- Table of cases
- Table of statutes