Fundamental

Issue 29, November 2019

Leading this edition of Fundamental is a conversation with Anita Mustac from LaSalle Investment Management where we question whether ESG is just a marketing label and look at the ramifications of low interest rates and the most significant investment risk in the current market.

Our theme for this edition is strategic risk management and avoiding disputes so we've included some tips from our funds management and real estate lawyers:

• Think twice before signing a pre-contractual agreement
• Failing to co-operate with ASIC is risky business
• Be aware that ASIC says disclosure is not enough
• You need to do more than deliver a general advice warning
• Disclosure is not enough to drive good consumer outcomes
• Check that your governance processes manage non-financial risks
• A landlord can't recover incentives when a lease is terminated early.

Also, continuing our 25th anniversary celebrations, we share some highlights of our work resolving disputes and providing risk management services in the funds management and real estate industries.

Finally, partner Sean McMahon explores the changing financial services landscape and ASIC's focus on consumer outcomes rather than process.

We hope you enjoy the final edition of Fundamental for 2019. Our best wishes to you and your family for a safe and happy festive season.

For this edition of Fundamental, please click through the articles below to view them or download the full PDF version by clicking on the View PDF button above.

• Conversation with Anita Mustac – LaSalle Investment Management
• Upfront – ASIC's new focus on consumer outcomes
• Risky business: failure to co-operate with ASIC
• Heads of agreement: are you headed for heartbreak?
• General advice warnings – tips and traps
• Do you need help with preventing or resolving disputes?
• Disclosure is not enough
• ASIC's message for non-executive directors
• Lease incentives and defaulting tenants
• New appointment – Thomas Chow
• ASIC extends relief for foreign financial service providers
• Changes to complex duty transactions in Victoria
• The end of grandfathered commissions
• Mortgage brokers face reforms