Showing 12 out of 19 results
Whistleblowing and the “compliance gap”: Australian regulator fires warning shot on whistleblower policies
'Set and forget' still too common on whistleblowing compliance, warns key business regulator.It’s almost 2 and a half years since new whistleblower …
The end of common fund orders as we know them?
Since 2016, common fund orders have been made in a number of Australian class actions under a particular statutory provision of the Federal Court of …
HKMA turns up the heat and announces consultation on IBOR transition
On 12 February 2019, the Hong Kong Monetary Authority (HKMA) announced in a briefing to the Legislative Council Panel on Financial Affairs that the …
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. …
EU unveils proposals for toughened security screening of foreign investments
As states race to usher in tighter security controls on foreign takeovers, we assess the EU's new framework for screening FDIOn 13 September 2017 the EU …
Spotlight on investor protection: the Financial Dispute Resolution Centre implements a more moderate package of reforms
The Financial Dispute Resolution Centre (FDRC) has issued its conclusions to its consultation on proposals to significantly expand the jurisdiction of …
Frictionless trade? UK-EU customs relations post-Brexit
On 15 and 16 August 2017 the UK Government published two papers setting out its proposals for UK-EU customs relations post-Brexit. While these …
Hong Hong Court of Appeal finds against bank on the basis that the bank's exclusion of liability clauses were unconscionable and unreasonable
The Hong Kong Court of Appeal (CA) has recently affirmed a decision of the Court of First Instance (CFI), in which a ruling was made in favour of the …
Court restricts reading of bank’s ‘limiting’ clause and holds terms and conditions not validly incorporated into the parties’ contract
The case of National Australia Bank v Dionys as Trustee for the Angel Family Trust [2016] NSWCA 242 concerned the incorporation of terms and conditions …
Court finds Code of Banking Practice requires notice for guarantees to be ‘markedly noticeable'
The impact of the Code of Banking Practice was front and centre in a judgment delivered by the Victorian Court of Appeal in National Australia Bank v …
Court dismisses claim based on ‘replacement’ guarantees
In Australia and New Zealand Banking Group Limited v Manasseh [2016] WASCA 41, the Western Australian Court of Appeal dismissed an appeal relating to the …
Australian Courts maintain keen oversight of retail banking practices
With the year now underway, it is useful to review and highlight a number of judgments in the retail banking sector delivered by Australian courts last …
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