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2 months ago | 
hallandwilcox.com.au | Emma Donaghue |Elliott Stumm
Insights3 Feb 2025By Emma Donaghue, Elliott Stumm, Georgia Grayand Aashray VelhalClick on each heading below to read more about each of these areas: superannuation, financial product advice, financial markets, anti-money laundering, insurance, banking and other financial services regulation.
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Jan 13, 2025 | 
hallandwilcox.com.au | Emma Donaghue
Organisations that offer private credit need to keep on top of the impact of some recent developments impacting the sector and their broader compliance obligations, particularly:the proposed expansion of consumer data rights to non-bank lenders; and the corporate watchdog’s powers to require an organisation to produce documents or disclose information. We explain why these developments are important and what you need to know now.
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Nov 14, 2024 | 
hallandwilcox.com.au | Emma Donaghue
Insights15 Nov 2024By Emma Donaghueand Kate DartProperty fund managers often enter into International Swaps and Derivatives Association (ISDA) Master Agreements with their financier to manage risks related to currency and interest rates. The ISDA Master Agreement sets out the terms and conditions governing over-the-counter (OTC) derivative transactions between two parties.
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Sep 11, 2024 | 
lexology.com | Emma Donaghue |Langton Clarke
ASIC’s recently published corporate plan for 2024-25 includes a new strategic priority to include private markets and emerging financial products. ASIC chair Joe Longo stated:While Australia’s private markets are dwarfed in size by our listed equity markets, their opacity presents an outside risk to market integrity, particularly as more investors become exposed.
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Sep 11, 2024 | 
lexology.com | Peter Jones |Emma Donaghue |Kate Dart
A small business contract negotiated and tailored in a meaningful way may not be considered a standard form contract, even if boilerplate clauses that are alleged to be unfair are not negotiated. In the recent case of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, the Queensland Supreme Court determined an indicative letter of offer (offer letter) provided by a private credit lender not to be a standard form contract.
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Mar 22, 2024 | 
lexology.com | Emma Donaghue
The Parliamentary Joint Committee on Corporations and Financial Services (Committee) has commenced an inquiry into the wholesale investor test for offers of securities (Section 708 of Chapter 6D of the Corporations Act 2001) and the wholesale client test for financial products and services (Sections 761G and 761GA of Chapter 7 of the Act).
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Oct 11, 2023 | 
mondaq.com | Emma Donaghue |Elliott Stumm
Welcome to the October edition of Financial Services
Thinking showcasing the latest news from ASIC, including the
corporate regulator's continued focus on all things relating to
the design and distribution obligations (DDO).
We also share a Hot Tip about new legislation which recognises
long-serving financial advisers.
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Oct 10, 2023 | 
mondaq.com | Emma Donaghue |Elliott Stumm
McMahon Clarke has made a formal submission to Treasury's review of
the regulatory framework for managed investment schemes (MISs). This review may ultimately herald a new MIS regime and
significantly impact the domestic investment landscape.
SOME QUESTIONS
We have previously written about the Australian government
tasking Treasury to review the regulatory framework governing MISs
in our article Major overhaul on the horizon for managed
investment schemes.
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Sep 13, 2023 | 
mondaq.com | Emma Donaghue |Elliott Stumm
Our Hot Tip in this edition of Financial Services
Thinking explains what fund managers need to know about the
government's managed investment scheme review.
We also share all the latest news from ASIC and AUSTRAC.
ASIC
ASIC has launched civil penalty proceedings in the Federal Court
against Active Super alleging misleading conduct and
misrepresentations to the market.
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Aug 31, 2023 | 
mondaq.com | Emma Donaghue |Kate Dart
The recent decision of the NSW Court of Appeal in Anchorage
Capital Master Offshore Ltd v Sparkes highlights the challenges
faced by lenders seeking to prove insolvency and establish
liability for misrepresentation. Our Banking & Finance
specialists, partner Emma Donaghue and lawyer Kate Dart, discuss
the case and some key takeaways for lenders.
KEY TAKEAWAYS
Lenders should avoid using drawdown notices as a 'tick and
flick' exercise.
