321-330 of 580 results
'Chain of Responsibility' amendments impose new environmental obligations in Queensland
The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...
Utmost good faith, life insurance and ASIC
The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...
Post-election policy recap
As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...
The High Court has its say on penalties
The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...
Protecting accrued superannuation benefits from adverse changes
For a long time now superannuation lawyers have tried to work out the meaning of the following words a beneficiarys right or claim to accrued benefits and the amount of those accrued benefits must not be altered adversely to the beneficiary by amendment of the governing rules or by any other act ...
25 years of class actions
Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...
Productivity Commission's proposed alternate default models for superannuation
In the latest and undoubtedly most significant of its reports into the design of default superannuation arrangements in Australia the Productivity Commission yesterday released its Draft Report in relation to Superannuation Alternative Default Models Partner Geoff Sanders of the Allens ...
CIPRs - some interesting findings
We recently hosted some workshops in Sydney and Melbourne to discuss the proposed CIPR framework The outcomes of those workshops were interesting - in some respects surprising - and this article provides a brief report ...
Recent decision on FoFA advice provisions - ASIC v NSG
The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...
UK's Financial Conduct Authority report into asset management: guidance for future direction
ASIC often looks to overseas regulators for inspiration So when a particularly influential regulator publishes a comprehensive report about a large segment of its regulated population including possible new areas for regulation it can pay to take note because it may be a guide to the future ...