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ASIC publishes draft funds management guidance
ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...
A new tool in the fraud and anti-corruption kit
The Federal Government has established a new Fraud and Anti-Corruption Centre to deal with allegations of white-collar crime Partner Rachel Nicolson Senior Associate Tessa Meyrick and Associate Freya Dinshaw consider the impact of the new federal body and the changing enforcement landscape in ...
Agency arrangements alright - ANZ and Flight Centre succeed in appeals
The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...
ASIC clamps down on SMSF advice
ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...
The investment chapter of the Trans-Pacific Partnership
The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...
FoFA Amendment Bill introduced into Parliament
The Federal Government today introduced a Bill into Parliament to implement its proposed amendments to the Future of Financial Advice legislation There are some significant differences between the Bill as introduced and the earlier exposure draft version released in January The proposed reforms are ...
Why CAMAC's final report might kickstart equity crowdfunding
As you read this the Melbourne-based makers of LazerBlade the affordable laser cutter engraver are probably exchanging high-fives Their Kickstarter project seeking 45000 has raised almost ten times that much Soon the projects backers hope to receive their LazerBlades ndash their pledges were ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
What the regulators said at the ASFA Conference
Earlier today representatives of ASIC and APRA provided some insights into their thinking at a session called Up close and personal with the regulators at the annual conference of the Australian Superannuation Funds Association in Melbourne Senior Regulatory Counsel Michael Mathieson reports ...
High Court examines powers of responsible entities
The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...