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Funds Management - Real Estate & Superannuation
Our experienced Funds Management - Real Estate & Superannuation
legal team regularly publishes articles and updates - the full list of
publications appears below. These publications provide a snapshot
of the latest legislation, court cases, policy changes and contentious issues
affecting the property and investment industries. If you'd like to be notified
when we add new funds management - real estate & superannuation publications to
the site, please go to our subscription
page to sign up for email alerts or,
alternatively, you can subscribe to our RSS feed.
Read about Allens Arthur Robinson's track
record in this dynamic area.
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The Federal Government recently introduced a Bill that proposes changes to the GST margin scheme provisions. Partner Peter Allen and Senior Associate Marc Johnston analyse the main proposed change |
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The Australian Securities and Investments Commission has released a class order to facilitate the offering to Australian retail investors of collective investment schemes which have been authorised by the Hong Kong Securities and Futures Commission. Partner Susan Burns and Senior Associate Penelope Barclay look at a new regime where such schemes will effectively be governed by Hong Kong law, thereby reducing the Australian regulatory requirements which would otherwise apply |
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A recent Victorian Court of Appeal decision highlights how subtle distinctions in the wording of market rental review provisions can significantly affect the basis and outcome of market rental reviews, in particular whether a market review is on the basis of 'face rental' or 'effective rental'. Partner David McLeish, Senior Associate David Hartney and Articled Clerk Dora Banyasz report |
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The New South Wales Government has extended the exemption to the temporary freeze on applications for relocating gaming machines. Lawyer Mark Ryan reports |
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A recent decision of the New South Wales Court of Appeal, Lennard v Jessica Estates Pty Limited, indicates that planning legislation could override private restrictive covenants to a greater extent than previously thought. Partner Nicholas Cowie, Senior Associate Emma Hodgson and Law Graduate Victoria Moore explain |
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ASIC has released a draft regulatory guide that aims to improve disclosure by the responsible entities of unlisted property schemes. The guide sets out eight disclosure principles that are to be applied to upfront and ongoing disclosures to retail investors. Partner Susan Burns and Lawyer Gary Lo report on the proposals |
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On 7 July 2008, the Hong Kong Securities and Futures Commission and ASIC signed a Declaration on Mutual Recognition of Cross-Border Offering of Collective Investment Schemes to expedite the public offering of retail funds into each other's markets. We look at what these arrangements mean for both Australian and Hong Kong funds |
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The Federal Government announced changes in the 2008-09 federal Budget to the withholding tax rules applicable to certain distributions from Australian managed investment trusts. Legislation to implement these changes has now come into operation. Partner Peter Allen and Senior Associate Katrina Parkyn report |
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Following a lengthy review process, the Retirement Villages Amendment Bill 2008 was introduced into the NSW Parliament on 26 June 2008. The Bill proposes extensive amendments to the Retirement Villages Act 1999 (NSW). Partner Mark Stubbings and Senior Associate Rebecca Barr outline the key amendments |
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Earlier this month, the Treasury Department of the Australian Government released a Green Paper on Financial Services and Credit Reform. Partner Susan Burns and team summarise and discuss the Paper |
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In the second part of our two-part series on changes to stamp duty across Australia, Partner Adrian Chek and Senior Associate Katrina Parkyn look at recent developments in stamp duty in the Australian Capital Territory, New South Wales, Tasmania, Victoria, South Australia and the Northern Territory |
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In the first part of a two-part series on stamp duty changes across Australia, Partner Adrian Chek and Senior Associate Katrina Parkyn look at recent changes to stamp duty in Western Australia |
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A final report released by the Productivity Commission proposes an extensive and wide-ranging reform package in the area of consumer policy. The proposed reforms, if implemented by government, will have significant consequences for financial service providers. Partners Catherine Parr and Peter Jones report |
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AUSTRAC has recently released some updates to its policy on exemptions from the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 for those issuing and selling securities and has clarified its position on compliance reporting for managed investment schemes. Partner Peter Jones and Senior Associate Judy Maguire report |
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Recent public debate on the virtues of gambling and poker machines has prompted the New South Wales Government to introduce the 'period of the freeze' pending a major re-write of the Gaming Machine Act 2001. During this period, there will be limits on the grant of new, and the transfer of existing, gaming machine entitlements. Partner Grant Higgins and Lawyer Mark Ryan look at the amendments |
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A New South Wales Government discussion paper foreshadows wide-ranging amendments to the Retail Leases Act 1994. If the proposals identified in the discussion paper are adopted, there will be a significant impact on how landlords lease, operate and manage their assets, and potentially on the value of those assets. Partner Grant Higgins and Lawyer Mark Ryan look at what will change. |
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The Australian Securities and Investments Commission (ASIC) is proposing exemptions to make it easier to provide some financial services information electronically. Partner Susan Burns and Senior Associate Penelope Barclay explain what is proposed |
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ASIC has issued class order relief for certain share and interest sale facilities and related purchase facilities offered by issuers. Partner Susan Burns and Senior Associate Julian Donnan discuss the background to the class order, its conditions of relief and implications for issuers and operators. |
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In light of suppressed regional share markets and below net asset value trading in the Singapore listed real estate investment trust space, Partners Robert Clarke, Stefanie Yuen Thio, and Senior Associates Ian Stewart and Andrew Emslie of AAR TSMP reflect on the current framework and highlight some of the key issues potential acquirers are likely to face |
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In our Focus: Funds Management - March 2007, we reviewed an ASIC consultation paper regarding a proposed policy on the regulation of buy-backs of interests in listed managed investment schemes. ASIC has now issued class order relief which enables the responsible entity of a listed scheme to buy back interests that are traded on the Australian Stock Exchange. Partner Lynne Jensen discusses the conditions of relief |
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Regulations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) relating to managed investment schemes have been approved. Partner Anna Lenahan and Senior Associate Judy Maguire report |
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The Queensland Deputy Premier and Minister for Infrastructure and Planning, Paul Lucas, released the draft Iconic Queensland Places Bill 2008 for stakeholder consultation on 7 December 2007. The draft legislation is a direct response to fears expressed by some local governments and their communities that the widespread local government amalgamations in Queensland would rob them of their identity and character through inappropriate planning decisions |
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We examine the latest chapter in a case involving workers exposed to traumatic events; New South Wales planning policy changes for housing for senior and disabled people; and recent Australian Taxation Office rulings regarding the GST and retirement villages |
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Consistent with its policy on foreign collective investment schemes, the Australian Securities and Investment Commission has released a class order that provides conditional exemptions allowing some Singaporean collective investment schemes to be offered in Australia. Senior Associate Rebecca Devon and Vacation Clerk Judith Hammerschlag report |
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Partners Anna Lenahan and Peter Jones and Senior Associate Judy Maguire look at the exemption of managed investment funds under the current anti-money laundering and counter-terrorism legislation |
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The National Development and Reform Commission and the Ministry of Commerce issued on 31 October 2007 a revised version of China's Foreign Investment Catalogue, which sets out the industries for which foreign investment is encouraged, restricted or prohibited. The amendments to the Catalogue took effect on 1 December 2007. Partner Nigel Papi and Senior Associates Maggie Ma and Ross Keene look at the impact of the changes on the real estate sector |
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The Shanghai Housing and Land Resources Bureau has issued a new circular on bidding for residential land that appears designed to take some of the heat out of public bidding for land. Partner Nigel Papi and Senior Associates Maggie Ma and Ross Keene comment on the new circular |
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On Friday 28 September 2007, the Monetary Authority of Singapore released revised Property Fund Guidelines. The amendments to the Property Fund Guidelines seek to enhance the regulatory regime governing REITs in Singapore. Allens Arthur Robinson TSMP Director Stefanie Yuen Thio, Partner Robert Clarke and Lawyer Brooke Griffin look at some of the key amendments |
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More regulations to give effect to measures implemented under the Federal Government's 'Simpler Regulatory System' legislation have now been made. Partner Susan Burns and Senior Associate Justine Woodford report on the latest developments |
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The Australian Transaction Reports and Analysis Centre has released a Guidance Note on the Application of the Policy (Civil Penalty Orders) Principles 2006. The Guidance Note describes AUSTRAC's approach to the Policy Principles, including what are 'reasonable steps' toward compliance within the 15-month prosecution-free period. Partners Peter Jones and Anna Lenahan and Senior Associate Judy Maguire look at some of the issues that arise from the Policy Principles |
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The Federal Government has finally announced new regulations enabling financial services providers to incorporate by reference some of the information required to be included in retail disclosure documents. Consultant Derek Heath and Senior Associate Justine Woodford discuss the implications of this welcome development and the other measures introduced under these regulations |
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Twelve months after the Queensland State Government released a discussion paper about problems with the planning legislation and the integrated development assessment system, a reform agenda has been released. Senior Associate Rosanne Meurling looks at the significant points of the proposed changes |
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Partner Victoria Poole and Lawyer Sue-Lyn Chan discuss ASIC's recent consultation paper that aims to address concerns, particularly about pooled mortgage schemes, that there is a mismatch between what investors are led to expect in disclosure documents regarding withdrawal rights and what can happen in practice. The proposals identify issues that responsible entities of registered managed investment schemes may need to consider to make sure they are carrying out their duties properly |
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The New South Wales Supreme Court's decision in Chandra & Anor v Perpetual Trustees Victoria Ltd & Ors casts further doubt on the value of the security afforded by all monies mortgages that are tainted by fraud. Partner Matthew Skinner and Lawyers Adrian Fisher and Georgia Price explain |
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