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The Australian Cyber Security Centre's 2017 Threat Report
Insight 22 Jan 2018

The Australian Cyber Security Centre's 2017 Threat Report addresses the current challenges and emerging trends confronting Australia's digital landscape. ...

First civil penalty order for breach of FOFA duties
Insight 06 Nov 2017

The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...

A Commission of Inquiry - of the Royal, not the Parliamentary, kind
Insight 19 Dec 2017

Since the announcement of the Royal Commission into ahem financial services much has been written and said - a lot of which suggests that little attention is being paid to the terms of reference In this article I take a look at those terms ...

Full Federal Court speaks on competing class actions
Insight 30 Aug 2018

In the latest instalment in the attempts to deal with competing shareholder class actions the Full Federal Court has ordered the transfer of four shareholder class actions against AMP to the Supreme Court of New South Wales where a fifth class action is already pending In doing so the court gave the ...

The end of the unit trust monopoly - tranche 1 of the revised CCIV bill
Insight 15 Jun 2018

On 13 June 2018 the Federal Government released the first tranche of the revised exposure draft legislation for the new corporate collective investment vehicle one of the two forms of collective investment vehicle which it pledged to develop as part of the 2016-2017 budget We are undertaking a ...

Amendments to include insurance claims handling in the definition of 'financial services'
Insight 05 Mar 2019

The Federal Government has released a consultation paper which takes action on Recommendation 4.8 of the Banking Royal Commission's Final Report. If implemented, the handling and settlement of insurance claims will become a 'financial service' under the Corporations Act 2001 ...

ASIC's change of tone in action
Insight 15 Mar 2019

ASIC's 'why not litigate?' approach to enforcement activities and its change in tone confirm the new era of regulatory engagement has arrived. In particular, its recent actions in the Federal Court place the waiving of legal professional privilege under the spotlight. ...

Royal Commission: Round 4 - experiences with financial service entities in regional and remote communities
Insight 02 Oct 2018

In the Interim Report the Commissioner identifies four principal issues relating to agricultural lending ...

ASIC extends by a further year licensing relief for foreign financial service providers
Insight 03 Oct 2018

The recent ASIC Corporations Amendment Instrument 2018807 extends by a further year licensing relief for foreign financial service providers who carry on a financial services business in Australia without an Australian financial services licence While its another welcome licensing reprieve for such ...

Australian Financial Complaints Authority: a 'one-stop-shop' for financial dispute resolution
Insight 19 Jul 2018

The new Australian Financial Complaints Authority is to replace each of the Superannuation Complaints Tribunal the Financial Ombudsman Service and the Credit and Investments Ombudsman in November 2018 ...

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