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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 - ...

CDR: What's next?
Insight 10 Sep 2018

The release of the exposure draft of the CDR legislation marks the start of a tight turnaround in order for the legislation to be passed in March 2019 particularly as the details and associated instruments have yet to be released The CDR regime has been advertised as producing a wide range of ...

How ipso facto provisions (and exemptions) affect project finance - both good and bad news
Insight 05 Sep 2018

This Insight examines some of the key issues arising out of the new ipso facto contracts regime which came into effect on 1 July 2018 ...

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 ...

Financial products - design and distribution obligations and product intervention powers
Insight 22 Dec 2017

After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...

ASIC overhauls AFS licensing relief for foreign financial service providers
Insight 05 Jun 2018

ASIC has released its consultation paper on licensing relief for foreign financial services providers proposing a new licensing regime that will be broadly in line with that applied to other AFS licensees, but with relief from some provisions of the Australian Corporations Act and the imposition of ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

A new enforcement landscape for Australian corporations in 2019 and beyond
Insight 10 Dec 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Interim Report and a raft of announcements at the federal level over the past 12 months point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond Partner Paul ...

Competing class actions - a problem in need of a solution
Insight 20 Aug 2018

As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

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