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ASIC v CBA: s912A does not require perfection
Insight 02 Dec 2022

In this Insight, we examine the court's interpretation of the s912A obligation and provide guidance on mitigating misleading and deceptive conduct risk for AFS licenses. ...

APRA discussion papers: financial resources for risk events and superannuation transfer planning
Insight 18 Nov 2022

We provide an overview of the proposals and key implications for RSE licensees relating to APRA's discussion papers on financial resources for risk events and superannuation transfer planning ...

ASIC's insights from the Reportable Situations Regime
Insight 14 Nov 2022

ASIC has recently published a paper (here) recording high-level insights on themes and trends observed in reports received from AFS and credit licensees under the new Reportable Situations Regime (the Regime). ...

A success for successor fund transfers – court finds that secret commission offence provisions do not apply
Insight 20 Oct 2022

A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...

The first major overhaul of Australia's corporate insolvency regime in more than 30 years
Insight 10 Oct 2022

On 28 September 2022, the Federal Government's Parliamentary Joint Committee on Corporations and Financial Services (Committee) announced an inquiry into corporate insolvency in Australia (Inquiry). The Inquiry is the first major review of Australia's corporate insolvency regime in more than 30 years. ...

Further updates to cessation of remaining LIBOR settings
Insight 05 Oct 2022

On 29 September 2022, the UK LIBOR regulator, the FCA, announced it will no longer require publication of one-month and six-month GBP LIBOR beyond 31 March 2023. ...

2022 PE Horizons update: caution and opportunity
Insight 05 Sep 2022

Geo-political tensions, high inflation and rising interest rates have created significant market volatility. This inevitably breeds caution amongst sponsors, but also creates opportunity. ...

Major changes proposed to financial advice regime
Insight 30 Aug 2022

Treasury has released a further consultation paper as part of the Quality of Advice Review, seeking feedback on interim proposals for changes to the regulatory regime governing financial advice. ...

ASIC's Corporate Plan shaped by emerging environmental, economic and technology trends
Insight 29 Aug 2022

ASIC has released its four-year plan, which outlines its key areas of focus. Of these four priorities, three are new: Design and distribution obligations; Retirement decision making; Sustainable finance; and Technology risks. ...

Another year of relief for foreign financial service providers – but the relief saga continues
Insight 05 Aug 2022

In this Insight, we cover what the extension of the existing licensing relief means for FFSPs; what the Bill (and its lapsing) means for FFSPs; and what options are available to FFSPs moving forward. ...

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