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Competition news
Insight 27 Jun 2018

Excessive payment surcharging reforms
Insight 11 Jul 2017

As of 1 September 2017 merchants will be prohibited from charging excessive payment surcharges for certain payment methods Under the new rules businesses can only pass on to customers what it costs them to process a payment The Allens Competition team have put together a brief overview of the ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

Update on the Royal Commission
Insight 19 Jul 2018

Have you been wondering what the Royal Commission will make of the numerous witness statements and vast amounts of other information collected from superannuation trustees in recent times You will find out soon enough But first there are some curiosities from the Round Four hearings to consider - ...

APRA's new powers in superannuation - A worthy idea, but checks and balances required
Insight 12 Sep 2017

APRA is in line to get significantly increased powers of direction in respect of RSE licensees and their controlled entities as part of the package of superannuation reforms announced in the Treasury Legislation Amendment Improving Accountability and Member Outcomes in Superannuation Bill 2017 ...

Competing class actions - a problem in need of a solution
Insight 20 Aug 2018

As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

ASIC's (limited) guidance on superannuation fees and costs disclosure
Insight 01 Jul 2014

Today 1 July sees the implementation of changes to the fee and cost disclosure rules for superannuation and managed investment products While a new information sheet from ASIC provides guidance on certain aspects of the new rules superannuation trustees have been left to grapple largely unaided with ...

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