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Government and ASIC announcements for FinTech sector
Insight 23 Mar 2016

There were three announcements this week that will serve to bolster the emerging Australian FinTech sector The Government released a statement in support of FinTech as part of its National Innovation and Science Agenda while ASIC issued two sets of guidance an information sheet for providers of ...

Financial advice - vertically integrated institutions and conflicts of interest
Insight 25 Jan 2018

ASIC has released its report on financial advice provided by vertically integrated institutions which is likely to be read with great interest by Commissioner Hayne and his team Senior Regulatory Counsel Michael Mathieson and Partner Michelle Levy report ...

Move to require big banks' participation in comprehensive credit reporting
Insight 23 Feb 2018

The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018 Partner Gavin Smith Senior Associate Emily Cravigan and Lawyer Dougald Coulson report ...

Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Insight 13 Mar 2018

Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

Preparing a target market determination for a financial product
Insight 21 Mar 2018

As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...

Draft code of ethics for financial advisers - in need of much more work
Insight 09 Apr 2018

You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...

Code breakers - Australian Government flags forced decryption reforms
Insight 03 May 2018

The Australian Government continues to stoke controversy with its mooted reforms to encryption laws which would seek to provide law enforcement agencies with access to encrypted communications and information While little detail as to the shape that the reforms will ultimately take has been provided ...

How will the food & groceries market adjust to the rise of digital platforms?
Insight 22 Jul 2018

Digital platforms, such as Amazon, have the potential to transform the food and grocery industry. The amended misuse of market power provision aims to protect smaller competitors without stifling innovation. Does the new law have any role to play in the ascent of digital platforms? ...

Designing effective remediation programs
Insight 19 Sep 2016

ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...

Regulating bonuses: will Australia be next?
Insight 05 Aug 2015

The UKs Financial Conduct Authority and Prudential Regulation Authority released rules in June this year to further tighten what are already fairly onerous restrictions on the payment of bonuses to staff in banks building societies and certain big investment firms The worlds financial regulators ...

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