481-490 of 594 results
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
Reporting significant breaches - or something that may (or may not) be a breach?
The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...
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 ...
Can super really help housing affordability (and I have not asked should it)?
The 2017 Budget included proposals intended to reduce pressure on housing affordability Two of them use the superannuation system to do so the First Home Super Saver Scheme and the Reducing Barriers to Downsizing proposal Partner Michelle Levy examines the schemes in more detail ...
Expert review into fees and costs disclosure - further changes ahead
Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...
Are CCIVS the beginning of the end for the Unit Trust's monopoly?
The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...
Efficiently, honestly and fairly - overarching and fundamental obligations?
In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...
Royal Commission: Round 1 - experiences with consumer lending practices
In examining the topic of consumer lending the Commission considered issues arising from the sale of credit products ndash including residential mortgages car finance and credit cards - by reference to case studies involving the four major banks as well as Aussie Home Loans and Citi ...
Royal Commission: Round 2 - experiences with financial advice
Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...
Slater & Gordon begins its superannuation class actions
As predicted in an Insight in 2018, the Financial Services Royal Commission has proved to be a hotbed for class actions. ...