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Regulator May 2010

Welcome

I would like to open this edition of Regulator by thanking our clients for the very positive response we received to Mallesons' analysis of the Henry Report on tax reform, which was finally released earlier this month. Our Henry Reviewed website and client alert attracted a large number of readers, with feedback typically noting the depth and rapid turnaround time of the coverage.

Our view is that when matters of major public policy are announced, our clients should expect that Mallesons will invest the necessary legal resources to deliver comprehensive analysis in a timely manner. We look forward to doing so for you into the future.

Another major development since our last edition has been the Government's proposed overhaul of regulations relating to financial advisers, for which the consultation period has just opened. This month we drill down on the implications of the new landscape from the perspective of fiduciary duties for advisers, with contributions from Michael Mathieson, Shannon Finch and Jim Boynton.

Elsewhere, David Eliakim considers the merits of ASIC's proposed reforms of disclosure requirements for infrastructure entities and John Canning provides advice on preparing for the new Personal Property Securities regime. Murray Kellock and Andrew Gray review the key issues arising from the future national reform of occupational health and safety laws.

Finally, David Olsson provides another comprehensive report from our Asia offices, this time on the prudential regulation of Chinese banks and the work still ahead to open up further parts of the market and encourage product innovation.

Our next edition of Regulator will focus on current developments in the global regulatory landscape. Whether it is the introduction of capital and liquidity rules, the regulation of swap counterparties and hedge funds, disclosure requirements for asset-backed securities or the oversight of rating agencies, recent developments in the United States and Europe could have a significant effect on Australian businesses and the way that they raise capital in the global markets.

We will look more closely at a number of these issues, especially in the context of the need to further develop Australia's capital and fixed income markets.

We hope you enjoy the May edition of Regulator.

Best wishes

Stuart Fuller
Managing Partner

Signpost

Mallesons named Australian Law Firm of the Year

Mallesons has won Australian Law Firm of the Year at the PLC Which lawyer? Awards 2010. The firm was selected above five Australian law firms to receive the award for a second consecutive year.

On judging the award, one client commended Mallesons for its “excellent turnaround time and knowledge”. Winners for the Awards were chosen purely on the votes received from in-house lawyers. Over 5000 in-house legal departments worldwide were invited to have their say in picking the winning law firms.

Mallesons a leader at 2010 ALB Awards

Mallesons Stephen Jaques has once again been a stand-out winner at the annual ALB Australasian Law Awards 2010, winning a total of six awards, a number of which are second or third consecutive awards for the firm.

Mallesons has taken top honours in the following categories:

  • M&A Deal of the Year - Kirin/Lion Nathan acquisition
  • Energy and Resources Deal of the Year - China Minmetals/Ozminerals acquisition
  • Debt Market Deal of the Year - Alinta Restructure
  • Insolvency & Restructuring Deal of the Year - ABC Learning Centres receivership
  • Corporate Social Responsibility (CSR) Firm of the Year
  • Innovative Use of Technology.

Chief Executive Partner, Robert Milliner said: “It is great to see a number of aspects of the firm recognised at this year's ALB awards - from legal excellence and client service through to our technology innovation and our community program. We are delighted with this result.

 

Author(s)

 

 Local contact(s)

 
Key developments in financial sector regulation

IN THIS ISSUE:

Regulator Home

Stuart Fuller presents a summary of this edition.

A statutory fiduciary duty for financial advisers: muddying the waters

Much ink has been spilt on the duties of financial advisers, particularly since the PJC on Corporations and Financial Services’ Inquiry into financial products and securities in Australia was first announced. Read more

Author
Michael Mathieson

Will you be a fiduciary, an adviser or execution only?

Banks, brokers, financial advisers and other financial services providers should revisit their client segments, following the release of the Federal Government’s proposed financial services industry reforms. Read more

Author
Jim Boynton
Shannon Finch 

Prudential regulation of Chinese banks

For over a decade China has been a keen observer of the West, seeking to acquire the knowledge and expertise necessary to develop structurally sound and viable financial markets. Read more

Author
David Olsson
Timothy Lo

ASIC proposes benchmark disclosure requirements for infrastructure entities

ASIC has released a Consultation Paper inviting industry feedback on its proposed benchmark requirements and expectations in relation to disclosure for infrastructure entities. Read more

Author
David Eliakim
Hoda Nahlous

The harmonisation of Australia’s occupational health and safety laws: implications for directors

The proposed harmonisation of occupational health and safety laws in Australia will result in significant change to the regulation of workplace safety in Australia. 
Read more 

Author
Andrew Gray
Murray Kellock

Personal Property Securities - transition of security interests

The personal Property Securities Regime (PPSR) introduced by the Personal Property Securities Act 2009 will start on 1 May 2011.
Read more

Author
John Canning

IN BRIEF: Reversing the Sons of Gwalia decision

Chris Bowen has released Exposure Draft legislation giving effect to the Government’s announcement that it would act to reverse the High Court decision in Sons of Gwalia v Margaretic. Read more 

Author
Nunico D'Angelo
Martin James