81-90 of 122 results
A long time coming: The Retirement Income Streams Review Report
Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...
Utmost good faith, life insurance and ASIC
The judgment of Lord Mansfield in Carter v Boehm in 1766 is frequently cited as establishing the principle that parties to an insurance contract owe each other duties of utmost good faith. ...
ASIC's guidance on conflicts in vertically integrated funds-management businesses
ASIC has released a report looking at the way vertically integrated funds management businesses deal with conflicts of interest The report summarises the findings of ASICs recent review of a number of businesses and sets out some good practice recommendations Partner Marc Kemp and Senior Associate ...
Being 'professional' under D&O insurance policies
In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...
Transparency and Accountability - and not just for Wall Street
The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...
Dodd Frank - promoting financial stability and other purposes
The Dodd Frank Act is a bit like the US financial system it is trying to regulate - vast complex and hard to wade through It creates a bunch of new regulators on top of what was already a pretty solid cast and gives them wide-ranging powers They can not only set capital and liquidity requirements ...
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...
Conflicted remuneration, dreaming and the law of common sense
How many times have you heard someone say FoFA is settled Next time you hear that you should reach for one of the many quotable quotes from The Castle and tell em theyre dreamin First there are the so-called Retail life insurance industry reforms Then get ready for remuneration reforms in the ...
Raising professional standards of financial advisers
Following on from the reviews conducted by the Parliamentary Joint Committee and the Financial System Inquiry the Government delivered on its promises by releasing an exposure draft of the Corporations Amendment Professional Standards of Financial Advisers Bill 2015 the Bill late last year for ...
New measures on resilience, collateral protection and client money
The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...