Banking and Financial Services Insights

21 September 2006

Welcome to the September edition of Clayton Utz Banking & Financial Services Insights for 2006, in which we'll examine:

  • potential reform of the regulation of Australia's financial markets
  • whether a trustee of a superannuation trust can reduce the retirement benefits it is due to pay by deducting interest
  • liquidation as a business tactic; and
  • a recent case in which trustees for debenture holders were encouraged to seek court assistance.

Financial regulation in Australia: who should regulate the regulators?

By Dan Fitts and Stuart Gregory.

Dan Fitts and Stuart Gregory examine potential reform of the way in which Australia's financial markets are regulated.

Can you charge negative interest on super fund benefits?

By Zein El Hassan and Jennifer Teh.

Zein El Hassan and Jennifer Teh discuss a recent decision warn that a trustee of a superannuation trust is not entitled to reduce the retirement benefits it is due to pay by deducting interest.

War by any other means: liquidation as a business tactic

By Karen O'Flynn.

Courts will frown on a winding up application if they think that it is being made for an ulterior purpose, such as trying to stifle legitimate litigation, writes Karen O'Flynn.

Trustees encouraged to utilise court powers

By Leah Chick and Olga Abwi.

Leah Chick and Olga Matouk look at a recent case in which trustees for debenture holders were encouraged to seek court assistance.
Key Contacts

To view claytonutz.com correctly, you should upgrade your browser

Download Google Chrome
Download Firefox
Download Safari
Download Internet Explorer