561-570 of 1047 results
Proposed disallowance of FoFA 'streamlining' regulation fails
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
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?
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
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?
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 ...
WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
Full Federal Court rules against agreed civil penalties
Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...
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 ...
APRA's assessment of life insurers: 'must try harder'
As an institution APRA can be partial to bureaucratese As keen readers of APRAs writings we sometimes find ourselves asking ndash what is APRA really saying here And that is a question worth asking when reading APRAs recent letter to life companies setting out its concerns with group insurance ...