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The Federal Court on information to third parties, legal professional privilege and waiver
Insight 21 May 2014

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 ...

Why CAMAC's final report might kickstart equity crowdfunding
Insight 08 Jul 2014

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 ...

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 ...

What do the product intervention powers of the UK financial conduct regulator look like?
Insight 02 Sep 2014

If you have been following the Financial System Inquiry you will not have missed the idea of giving the Australian Securities and Investments Commission ASIC additional product intervention powers These powers exist in the UK What do they look like This question is more relevant than ever right now ...

Proposed disallowance of FoFA 'streamlining' regulation fails
Insight 02 Oct 2014

A motion to disallow the vast majority of the provisions of the Corporations Amendment Streamlining Future of Financial Advice Regulation 2014 has failed Associate Rosie Thomas and Senior Regulatory Counsel Michael Mathieson report ...

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. ...

Big Data v 'personal advice' - an unequal contest?
Insight 05 Nov 2014

There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...

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 ...

A new dawn for crowd sourced equity funding?
Insight 05 Feb 2015

CAMAC and the FSI have acknowledged that the current Australian regulatory settings are hostile to crowd sourced equity funding A recently released Treasury Discussion Paper has considered three options for law reform and what each might mean for the development of this innovative form of capital ...

OAIC concludes investigation of Australian Red Cross data breach
Insight 05 Sep 2017

OAIC concludes investigation of Australian Red Cross data breach where a one-off human error by a third party provider's employee led to a massive data breach that hit the Australian Red Cross Blood Service ...

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