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Regulator April 2010

Welcome to Regulator for April 2010. The regulatory landscape continues to evolve rapidly and Mallesons has been busy briefing clients on a range of domestic and global regulatory initiatives that will have implications for the future operation of the Australian financial services sector.

This month we provide an update on the latest developments on Personal Properties Securities reform, which will result in significant changes to secured transactions and lending practices. In other articles, Jim Boynton and Mark McFarlane provide updates on funds industry reform while Michelle Levy reviews the changing environment arising from the Cooper review of superannuation.

Beijing-based partner, David Olsson, examines the implications of increased China outbound investment for Australian regulators and Amanda Bodger and Caroline Coops report on the new civil penalties for investor and consumer protection breaches, the new enforcement powers for regulators and the national unfair terms regime. 

We hope you enjoy this edition of Regulator.

Best wishes

Martin James
Head of Banking and Finance

Signpost

Clients again vote Mallesons as market leader

Mallesons Stephen Jaques has been reaffirmed as Australia’s premier law firm by BRW Magazine, in announcing the firm’s win in the 2010 BRW Client Choice awards.

For the second year in a row, Mallesons has received the “Best Large Law Firm” award.
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Mallesons tops Q1 M&A league tables

Mallesons Stephen Jaques has topped both the Thomson Reuters and Bloomberg Q1 M&A league tables by value for announced deals and ranked ahead of its Australian competitors across a number of jurisdictions.

Bloomberg ranked Mallesons first by value for Australia and NZ with deals valued at US$8.96 billion in the period Jan-March 2010. Thomson Reuters also ranked Mallesons first by value for Australia and NZ with deals worth US$13.7 billion and a 45.8 per cent market share.
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Key developments in financial sector regulation

IN THIS ISSUE:

Regulator home

Martin James presents a summary of this edition.

Reshaping the Australian funds industry

In August we reviewed possible regulatory reforms to the funds industry. Some of those reforms are now more advanced and there are other new reforms.
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Author
Jim Boynton
Mark McFarlane
Jie Zhang

China outbound investment will impact on the Australian regulatory landscape

Last year China jumped to become Australia’s second-largest source of foreign direct investment and its single largest export destination. 2010 looks to be a record year for Chinese outbound investment.
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Author
David Olsson
Jin Xiong

More Cooper - what’s ahead for funds administration?

Key themes emerging from the Super System Review include the need for super funds to respond better to members’ needs, and for trustees to act consistently with the value and significance of assets.
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Author
Michelle Levy

Personal Property Securities - an update on key dates

While the Personal Property Securities Act 2009 will be a vast improvement on the current regime, there is some heavy weather ahead.
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Author
Nunico D'Angelo
Martin James
Helena Busljeta

A brave new world - Senate endorses unfair terms legislation

The Trade Practices Amendments (Australian Consumer Law) Bill 2009 (Bill) has been passed by the Senate, introducing new civil penalties for consumer (or investor) protection breaches, new enforcement powers for regulators and a national unfair terms regime.
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Author
Amanda Bodger
Caroline Coops
Mary Roberts