29 March 2005
Welcome to the March edition of Clayton Utz Banking & Financial Services Insights, in which we'll examine two aspects of insolvency: liquidators' ability to claw back from large companies, and the importance of good mailroom procedures when a notice is served.
The finance industry has a duty to manage conflicts of interest, and we'll see how it gives providers a chance to rethink their compliance practices.
Finally, we'll look at the effectiveness of the flawed asset clause in the ISDA Master Agreement, and some recent prudential developments.
By Ninian Lewis and Louise McCoach.
The NSW Court of Appeal confirms the effectiveness of certain aspects of the ISDA Master Agreement in an insolvency situation, say Louise McCoach and Ninian Lewis.
By Karen O'Flynn.
Karen O'Flynn discusses recent decisions dealing with the clawback of payments to large corporates received from potentially insolvent debtors.
By John Moutsopoulos.
John Moutsopoulos outlines the regulatory duty to manage conflicts of interest which has been imposed on financial services providers.
By Ron Schaffer.
Ron Schaffer looks at the risks associated with service of notices and how companies may leave themselves open to expensive litigation because of inadequate office procedures.
By Louise McCoach and Brian Salter .
Louise McCoach and Brian Salter round up some recent developments.
Since joining Clayton Utz, Ninian has principally practised in securitisation.
