Knowing who you're dealing with counts...

Impact Analysis: Hayes becomes Libor scapegoat as senior bankers escape liability

The Serious Fraud Office (SFO) criminal prosecution against former UBS and Citigroup yen derivatives trader Tom Hayes was a resounding success in obtaining the unprecedented 14 year jail term for rigging Libor between 2006 and 2010. The verdict represents public sentiment against banks as much as the lone individual who was the first to stand […]

Losing billions – Fallibility of managed investment schemes no one to blame!

What is the reason behind the failure of so many mortgaged focused managed investment schemes (MIS)? Many Australian investors who have lost money are asking this very question. Can it be put down to the GFC swindling directors or just bad law that allows conflicts of interests and fails to protect investor interests? My view […]

A different approach to dealing with insurance fraud

It is clear that insurers are committed to reducing the fraud problem in the industry and have provided greater resources to combating all types of insurance fraud generally throughout the industry. However, what this article will highlight is despite the progress made by the insurance industry fraud is increasing significantly and the attitudes of people […]

Hedge Funds Regulation in the DIFC

To regulate or not to regulate hedge funds has been a question that many international regulators have faced. The question now is to what extent regulation will be imposed, not when it will be imposed. More recently, the estimated US$1,6000bn (£800bn, €1,200bn)2 industry has faced much scrutiny concerning the rewards given to their senior managers, […]

Overview of the Law insolvent trading

Definition of Insolvency Section 588G of the Corporations Act 2001 (“Act“) relies on the definition of “insolvency” in section 95A of the Act.[1] Section 95A defines “solvency” and “insolvency”. Subsection (1) provides that a “person is solvent if and only if, the person is able to pay all the persons debts as and when they […]