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Defamation law developments in the digital context
Insight 20 Jun 2018

The NSW Attorney-General has released the long-awaited statutory review of the Defamation Act 2005 (NSW), recommending that consideration be given to certain changes to the Model Defamation Provisions that form the basis for the National Uniform Defamation Law. The High Court's decision in Trkulja v ...

Design and distribution of financial products - regulating 'retail product distribution conduct'
Insight 30 Jul 2018

The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...

Productivity Commission's proposed alternate default models for superannuation
Insight 30 Mar 2017

In the latest and undoubtedly most significant of its reports into the design of default superannuation arrangements in Australia the Productivity Commission yesterday released its Draft Report in relation to Superannuation Alternative Default Models Partner Geoff Sanders of the Allens ...

25 years of class actions
Insight 27 Mar 2017

Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...

Mandatory data breach notification scheme passed
Insight 13 Feb 2017

The Federal Parliament has today passed the Privacy Amendment Notifiable Data Breaches Bill 2016 which will amend the Privacy Act 1988 Cth to introduce a mandatory data breach notification scheme ...

APRA's new powers in superannuation - A worthy idea, but checks and balances required
Insight 12 Sep 2017

APRA is in line to get significantly increased powers of direction in respect of RSE licensees and their controlled entities as part of the package of superannuation reforms announced in the Treasury Legislation Amendment Improving Accountability and Member Outcomes in Superannuation Bill 2017 ...

Extraordinary new power proposed for APRA
Insight 12 Sep 2017

The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...

Vendor's IM - Get it wrong, pay the damages bill
Insight 08 Apr 2014

A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...

Civil penalties: are negotiated outcomes still negotiable?
Insight 12 Mar 2014

A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...

CAMAC is dead. Long live the FSI
Insight 04 Jun 2014

The recent Federal budget included measures to abolish some government bodies by 1 July 2015 One of those is the Corporations and Markets Advisory Committee CAMAC This is a pity for those involved in the funds management industry because it means that CAMAC is no longer accepting submissions in ...

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