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Mortgage broker best interests duty
Insight 24 Feb 2020

ASIC has released a consultation paper and draft regulatory guide setting out its proposals for guidance on the new mortgage broker best interests duty, which will commence on 1 July 2020. Various mortgage industry participants will need to consider how it will affect them, and prepare accordingly. ...

Linklaters Insights: Novel Coronavirus - practice guide of significant commercial and legal issues
Insight 17 Feb 2020

The recent outbreak of the novel coronavirus is causing disruption across greater China and the region. This cross-practice guide from our colleagues at Linklaters highlights key issues that may affect business operations in the current environment. ...

Treasury's Exposure Draft Bills introduce important and significant changes
Insight 03 Feb 2020

On Friday the Government released a large package of Exposure Draft Bills to implement the last of the Financial Services Royal Commission recommendations. There are some important and significant changes and Treasury is consulting widely (although not for very long) and seeking feedback. ...

Linklaters Insights: UK - At a glance: governance and risk December 2019/January 2020
Insight 31 Jan 2020

This latest guide looks at developments at the end of last year and the beginning of 2020. It covers: Brexit and the transition, final-form recommendations for audit and auditor reform, new stewardship obligations for investors, tougher new anti-money laundering rules, FRC guidance for this year's annual reports and Section 172 statements, the extension of the FCA's Senior Manager regime, market abuse, ESG and climate, private equity reporting, transparency of ownership of UK real estate and late payment. ...

The WTO decision against Australia – what the law on paper might mean in practice
Insight 31 Jan 2020

At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key lega ...

Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

Australia considers adopting worldwide human rights sanction regime
Insight 17 Dec 2019

The Joint Standing Committee on Foreign Affairs, Defence and Trade has announced a parliamentary inquiry into whether Australia should introduce legislation authorising the Government to impose ...

Goodbye, conflicted remuneration (and hello, conflicted remuneration)
Insight 13 Dec 2019

As 2019 draws to a close, it is almost 6½ years since the ban on conflicted remuneration commenced, and a little over 12 months until the grandfathering of said remuneration ends. Senior Regulatory Counsel Michael Mathieson reports. ...

ASIC Report 639: Why not…review and remediate?
Insight 13 Dec 2019

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

Disclosure of fees and costs and new RG 97
Insight 13 Dec 2019

Anyone with even a passing professional interest in superannuation and funds will be familiar with 'RG 97'. For the last five years or so, the industry has been struggling to make sense of what information is required to be disclosed in a PDS and periodic statement for a superannuation fund or managed investment scheme. ASIC promised a 'facilitative approach' to supervision and Darren McShane (an independent expert) was appointed by ASIC to make recommendations to improve the regime. ...

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