Banking and Financial Services Insights

29 October 2004

Welcome to the October edition of Clayton Utz Banking & Financial Services Insights. Consequential employee entitlements such as superannuation can be the unexpected sting in mergers and acquisitions, and in this edition we look briefly at some ways purchasers can be shielded from the result of unexpected entitlements.

Can banks quarantine inbound emails in their mail servers? You might think the answer is “yes”, but if proposed Commonwealth legislation is passed, maybe not.

Finally, NSW is introducing new rules that will govern NSW local councils' involvement in major Public Private Partnership projects.

Changes to an exemption for the liability to pay interest withholding tax

By Mark Friezer and Felicity Slater.

Mark Friezer and Felicity Slater discuss how a proposed amendment to the Income Tax Assessment Act 1936 will widen the availability of an exemption from liability to pay withholding tax to include interest payments under widely offered "debt interests".

New rules foreshadowed for NSW local council Public Private Partnerships

By Clive Craven and Alex Rees.

As a result of a recent review, new rules will govern NSW local councils' involvement in major Public Private Partnership projects, write Clive Craven and Alex Rees.

Australian insureds get no priority when their insurer goes belly-up

Do Australian insureds get priority in the distribution of the assets when an insurer goes into liquidation, or must they take their chances along with overseas creditors?

Interception bill creates risk for email screening on company servers

By Mark Sneddon.

Mark Sneddon warns that proposed Commonwealth legislation may threaten the ability of banks to quarantine inbound emails in their mail servers.

M&A from a superannuation perspective

By Jane Paskin.

Mergers and acquisitions raise important employee benefit issues for Australian superannuation lawyers, says Jane Paskin, and lawyers in superannuation and workplace relations must work together closely.

Profile - Jane Paskin

Jane is a member of the Financial Services Group, specialising in product development advice, licensing, disclosure, contracting and distribution issues relating to products and services in the financial services industry.