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ASIC publishes draft funds management guidance
Insight 27 Oct 2017

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 ...

2017 Budget: increased scrutiny on competition in the financial system
Insight 07 Jun 2017

The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...

ACCC 2019 Enforcement Priorities
Insight 28 Feb 2019

A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...

Private equity under the spotlight - ASIC cracks down on offers of stub-equity in proprietary companies
Insight 20 Dec 2018

ASIC is clamping down on the use of an offer of stub-equity in a proprietary company as an alternative form of consideration in public control transactions. ...

Update on the Royal Commission
Insight 19 Jul 2018

Have you been wondering what the Royal Commission will make of the numerous witness statements and vast amounts of other information collected from superannuation trustees in recent times You will find out soon enough But first there are some curiosities from the Round Four hearings to consider - ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

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 ...

What the regulators said at the ASFA Conference
Insight 13 Nov 2014

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
Insight 07 Nov 2014

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. ...

A new tool in the fraud and anti-corruption kit
Insight 19 Aug 2014

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 ...

The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

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 ...

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