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Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
Insight 19 Jul 2019

A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...

APRA consults on Hayne recommendation concerning end-to-end product responsibility – the right tool for the job?
Insight 18 Jul 2019

APRA has announced a consultation on a proposal to create a new 'end-to-end product' responsibility within the Banking Executive Accountability Regime (BEAR). The intention is that for every product offered by a bank and its subsidiaries, ...

Revised Banking Code of Practice, innovation at the ASX and other corporate law developments
Insight 12 Jul 2019

ASIC continues its focus on strengthening corporate regulations; ASX embraces innovation and tech-based solutions; FIRB application fees have increased from 1 July 2019; delays to the release of th ...

What you need to know about the draft Equator Principles 4
Insight 11 Jul 2019

Lenders (and project sponsors) should consider the potential impact of changes proposed in the consultation draft of Equator Principles 4. These entail greater focus on climate change, human rights and social risk, including new ...

Would you like financial services with your social network? Facebook consortium to launch new cryptocurrency
Insight 09 Jul 2019

In a bold new play, a consortium led by social media giant Facebook has announced plans to enter the financial services sector through the launch of a cryptocurrency called Libra. Both a currency and a blockchain backed payment system, the ...

The future for foreign financial services providers in Australia – the latest from ASIC
Insight 05 Jul 2019

After much anticipation, the Australian Securities and Investments Commission has provided an update on its proposed changes to the licensing relief currently available to foreign financial service ...

Final APRA Guidance on Information Security released – are you prepared?
Insight 27 Jun 2019

APRA has released the updated final version of its Prudential Practice Guide, which gives crucial context about how it views cybersecurity threats, and clarifies some of the steps that should be taken now relating to board oversight, information security controls and notification of information security incidents. Partner Valeska Bloch and Associate Claudia Hall report. ...

Jump Swim in deep water over alleged misleading conduct; new guidelines offer tips for avoiding gun jumping; and ACCC bleats at goat cheese RPM notification.
Insight 27 Jun 2019

The ACCC alleges that Jump Swim's promotional material contained false or misleading representations that prospective Jump Swim School franchisees would have an operational swim school within 12 months of signing a franchise agreement ...

DDO and PYS - two cases of madness
Insight 21 Jun 2019

As a lawyer working in the field of financial regulation, I have become pretty inured to said regulation producing weird, unintended outcomes. Even so, there are two outcomes produced by recently enacted laws that are unequivocally crazy. ...

ASIC seeks to restrict stub equity, ACCC's Acacia Ridge rejection overturned and other developments
Insight 17 Jun 2019

ASIC seeks to restrict stub equity in control transactions; ASX reiterates its position on naming counterparties when announcing material transactions; ACCC's Acacia Ridge rejection overturned by ...

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