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ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
Insight 01 Oct 2019

The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...

Allens expands its banking and financial services regulation capability with four new specialists
News 15 Jan 2020

Allens' market-leading team is uniquely placed to help clients navigate this environment and has expanded its capability across banking and financial services regulation with the addition of four n ...

Inducements in the corporate superannuation sector – guidance misses the mark
Insight 01 Oct 2019

There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...

The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
Insight 22 Nov 2019

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

Goodbye, conflicted remuneration (and hello, conflicted remuneration)
Insight 13 Dec 2019

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...

Opportunities for financial services from the China-Australia FTA
Insight 03 Dec 2014

The Australian and Chinese governments recently announced the conclusion of negotiations on the China Australia Free Trade Agreement According to DFAT Chinas financial services commitments under the agreement represent one of the most substantial market access undertakings China has agreed to with ...

Attribution MITs - why try to fix something that wasn't broken?
Insight 06 May 2015

The exposure draft Bill for the taxation of 'attribution managed investment trusts' has been received with much derision. We consider the key implications ...

ASIC Register of Financial Advisers: will it raise quality of advice and standards?
Insight 05 Mar 2015

The Federal Government has announced that ASIC will establish a public register of financial advisers, intended to benefit consumers, who will be able to check that their adviser is appropriately authorised and qualified before receiving personal advice. ...

ATO rules on Bitcoin - not enough purchase to be money
Insight 28 Aug 2014

The Australian Tax Office has released draft rulings stating their view that the digital currency Bitcoin is property and not money Partner Gavin Smith Associate David Rountree and Associate Tom Tian consider the potential consequences for Australian businesses using Bitcoin ...

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