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The latest from the High Court on contractual interpretation
Insight 30 Mar 2017

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

Consumer protection in the banking, insurance and financial sector
Insight 10 Mar 2017

The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...

A step closer to industry funding of ASIC
Insight 07 Apr 2017

Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...

ASIC's report on financial advice
Insight 07 Apr 2017

ASIC has recently released a report about its work with the big four banks and AMP on adviser misconduct The report is essentially an update on the progress of ASICs Wealth Management Project and mostly contains information we already know The most interesting part deals with the results of ASICs ...

2017 Budget: increased scrutiny on competition and accountability in the financial system
Insight 10 May 2017

Treasurer Scott Morrison this week announced that he has tasked the Productivity Commission to review the state of competition in Australias financial system The Budget has also included other measures focused on competition in the financial sector including funding to establish a dedicated ACCC ...

Human rights: The questions your board and executives should be asking
Insight 21 Jun 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues such as bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliance In the last of a five-part series ...

2017 Budget: increased scrutiny on competition in the financial system
Insight 07 Jun 2017

The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...

Banks set to grin and BEAR new measures to improve individual accountability
Insight 07 Jun 2017

As part of its ongoing efforts to improve the domestic banking sectors accountability the Federal Government recently announced a series of measures to join the ongoing global push seeking to improve measures for individual accountability for misconduct The proposed Banking Executives Accountability ...

ASIC sell-side research consultation and proposed regulatory guidance
Insight 04 Jul 2017

ASICs new regulatory guidance focuses on managing conflicts of interest and material non-public information when providing sell-side research As well as providing extensive guidance on managing conflicts of interest during the capital raising process ASIC provides its views on payment of ...

Grizzly times ahead for banks
Insight 14 Jul 2017

A consultation paper on the BEAR has been released confirming the Federal Governments intention to impose an executive accountability regime on banks and their subsidiaries that follows important elements of current international accountability regimes You have three weeks to provide your comments ...

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