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Nucleus – corporate law developments: Regulators assess priorities and continue to respond in the wake of COVID-19; changes to Australia's continuous disclosure laws, FIRB regime and Fair Work Act; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed
Insight 09 Jun 2020

Regulators assess priorities and continue to respond in the wake of COVID-19; the Treasurer temporarily modifies the operation of Australia's continuous disclosure laws; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; comprehensive reform and further guidance on the temporary changes to the FIRB regime; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed; and more temporary amendments to Fair Work Act. ...

Retail banking and responsible lending during COVID-19
Insight 01 Jun 2020

The sudden and unknown nature of COVID-19 has triggered a global economic shock, and disrupted Australia's economy. As we enter a national state of economic 'hibernation', banks and lenders are grappling with a sudden influx of relief requests from consumer and business customers. ...

Providing financial services 'fairly'
Insight 29 May 2020

The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...

The simple case of the SIS Act 'best interests' obligation
Insight 29 May 2020

Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...

Financial advice relief – all talk and no-action
Insight 29 May 2020

We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...

Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
Insight 26 May 2020

The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...

Carbon farming and the Emissions Reduction Fund / Climate Solutions Fund
Insight 26 May 2020

The legislative regime for the generation of carbon credits from voluntary emissions reduction projects (otherwise known as 'carbon farming') in Australia was first established in 2014. ...

Green finance
Insight 26 May 2020

Australia's 'green finance' market continues to grow steadily in response to global environmental challenges and to support sustainable development. Innovative financial products continue to be developed to direct capital towards green projects and to promote sustainability causes or ESG-related per ...

Buyers and sellers beware! Expenditure deductions denied and gains taxed as income
Insight 19 May 2020

Recent decisions handed down by both the High Court and Federal Court in relation to the 'income/capital distinction' and 'blackhole expenditure' have produced a mix of predictable and unexpected, but generally unfavourable, outcomes for taxpayers. Most buyers have been denied deductions for the pur ...

Good practice for exchange traded products: ASIC updates INFO 230 'Exchange traded products: Admission guidelines'
Insight 12 May 2020

On 15 April 2020, the Australian Securities and Investments Commission (ASIC) released updated INFO 230 Exchange traded products: Admission guidelines (INFO 230) which outlines ASIC's view of good practices to help ensure that admission and monitoring standards for exchange traded products (ETPs) continue to support fair, orderly and transparent markets. ...

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