The Senate has passed amendments that will greatly expand the scope of the prohibition on trustees and their associates providing incentives to employers in section 68A of the Superannuation Industry Act 1993 ...

If last year was anything to go by managing trade-related risk has never been more important to your business In 2018 we saw significant growth in regulatory actions undertaken globally in reliance on trade law with trade barriers at the forefront of both domestic and international policy-making ...

Looking forward: 2020 and beyond As we look forward at what's to come, the Royal Commission's lessons on governance and director duties continue to resonate in Australian boardrooms across a range of industries. Here are a few key points: ...

Filings: what have we seen and what's to come? Before the publication of the Final Report, the matters raised during the Royal Commission resulted in either the commencement or investigation of class actions in relation to: Superannuation ...

Preparing your business to respond Although dealing with regulators will never be an exact science, there are steps you can take now to navigate this new regulatory enforcement landscape. We have been assisting clients with: preparing a ...

The response to the Final Report The Government's initial response to support the Recommendations was met with intense dissatisfaction and criticism from the mortgage broking industry. Industry groups argued that banning trail commissions ...

The BEAR It comes as no surprise that one of the key ways in which the Final Report recommends the need for greater personal accountability be addressed is by the expansion of the BEAR. Specifically, the Commissioner has recommended that: ...

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in ...

Commissioner Hayne's recommendations may initially seem somewhat modest – they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. ...

Throughout the Royal Commission, Commissioner Hayne grappled with the difficulties of striking an appropriate balance between ensuring that small and medium enterprises (SMEs) have access to credit, and imposing standards on the provision of that credit to protect SME borrowers and third-party guara ...