531-540 of 590 results
Should APRA's prudential standard-making powers extend to directors' duties?
In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...
Predictive coding endorsed again by English High Court
In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...
Update on the Royal Commission
A lot has happened since our most recent update The Royal Commission has published the submissions received from ASIC and industry participants on policy questions posed by Counsel Assisting at the end of the financial advice hearings And the small business lending hearings have been held ...
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. ...
AFCA's powers and obligations - 'systemic issues'
In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns. This Insight considers what can and should be done about such systemic issues. ...