41-50 of 832 results

International Arbitration: Spain's claim for sovereign immunity rejected?
Insight 08 Feb 2021

The Full Court of the Federal Court has held that foreign sovereign immunity did not apply to prevent parties from seeking recognition of an arbitral award against Spain. We examine Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. and its implications. ...

Final report from the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 23 Dec 2020

The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has completed its inquiry into litigation funding and the regulation of the class action industry and released its much-anticipated final report earlier this week. ...

Proposed changes to Credit Risk Management Prudential Standard (APS220)
Insight 23 Dec 2020

In the absence of the Responsible Lending Obligations, lending by Australian banks will be regulated by APRA. This means the new Credit Risk Management Prudential Standard (APS220) will be the central legislative guidance in designing consumer assessment and lending protocols. ...

Government introduces the Financial Sector Reform (Hayne Royal Commission Response No. 2) Bill 2020
Insight 23 Dec 2020

The Financial Sector Reform (Hayne Royal Commission Response No. 2) Bill 2020 aims to implement the Hayne Royal Commission recommendations in relation to changes to ongoing advice fee arrangements, superannuation trustees passing on advice fees and requiring AFSL holders or authorised representatives (providing entity) to disclose a lack of independence when providing personal advice to retail clients. ...

Australia moves one step closer to adopting a worldwide human rights sanction regime
Insight 15 Dec 2020

Australian Government enact legislation to establish a worldwide human rights sanctions regime. We report on why the Committee's recommendations have implications for your business's approach to sanctions risk management, as well as for Australia's broader sanctions framework. ...

ASIC publishes final version of Regulatory Guide on Design and Distribution Obligations
Insight 14 Dec 2020

An overview of how the final RG deals with a key questions raised by issuers and distributors for Design and Distribution Obligations. We look at issues relevant to all industries, and then some particular questions for banking, superannuation and investments, and insurance. ...

Design and Distribution Obligations
Insight 14 Dec 2020

Design and Distribution Obligations (DDO) regime is one of the biggest things for the financial services industry in 2020, affecting almost every part of the industry. ...

Internal emails, multiple recipients and the question of privilege
Insight 09 Dec 2020

The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...

Changes to Regulatory Guide 256
Insight 07 Dec 2020

ASIC has released a first-round consultation paper on proposed changes to Regulatory Guide 256: Client Review and Remediation Conducted by Advice Licensees. The proposed changes are substantial, and will apply to new entities including super fund trustees. ...

Coming clean and staying clean: continuous disclosure obligations in the age of the data breach
Insight 07 Dec 2020

Recent data, coupled with the Privacy Act 1988 notifiable data breaches scheme, APRA Prudential Standard CPS 234, the Security of Critical Infrastructure Act and the GDPR, confirm that when it comes to serious cyber security breaches, listed entities should be complying with existing continuous disclosure requirements. ...

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