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Life insurance industry gets a remuneration Bill, ASIC report and Code of Practice
Insight 12 Oct 2016

This is a significant week for the life insurance industry with the re-introduction by the Federal Government of a Bill to reform commissions payable on life insurance policies the release by ASIC of findings of its review of life insurance claims and the launch yesterday by the Financial Services ...

Product design and distribution rules
Insight 13 Dec 2016

On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...

ASIC's sanctions and powers to be strengthened
Insight 23 Apr 2018

The Federal Government has announced that it proposes to strengthen ASICs powers and to increase the severity of penalties civil and criminal that can be imposed on individuals and corporations in line with the ASIC Enforcement Review Taskforces recommendations Partner Rachel Nicolson and Senior ...

Royal Commission update
Insight 15 May 2018

The hearings in the Financial Services Royal Commission have been compulsory viewing not only for financial services industry participants and their regulators and professional service providers The hearings have exposed wide-ranging actual or alleged wrongful conduct that has captured the attention ...

Proposed reforms to create a consistent proportionate liability regime
Insight 31 Jan 2014

In response to concerns about inconsistencies across various state-based jurisdictions and following a public consultation process the Standing Council on Law and Justice has released revised draft model legislation to reform Australias proportionate liability laws Partner Andrea Martignoni and ...

Timing is everything: Major shareholders exclusions in D&O insurance policies
Insight 15 May 2015

A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...

'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

Conflicts of interest and the duty to manage them
Insight 09 Aug 2016

The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...

Conflicted remuneration and life insurance
Insight 20 Oct 2016

Exposure draft life insurance regulations were released yesterday They are a marked departure from the existing conflicted remuneration provisions Now a benefit can only be conflicted remuneration if it could reasonably be expected to influence financial product advice These regulations will create ...

Risk culture - 'an evolving area of supervisory practice'
Insight 03 Nov 2016

A director of a bank life company or general insurer who read APRAs recent information paper on risk culture could be excused for indulging in a wry smile Since mid-2015 he or she has been subject to legislative obligations concerning risk culture However the information paper suggests that APRA is ...

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