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Less than one year before the new foreign financial services providers regime begins
Insight 14 Apr 2021

The key changes to the existing foreign financial services regime are the repeal of 'Sufficient Equivalence Relief' and 'Limited Connection Relief'. It's time for FFSPs to think about what your options are and what actions need to be taken to be ready for the new regime. ...

Class action risk in 2021
Insight 30 Mar 2021

Australia’s class action landscape remains dynamic and complex. 2020 was characterised by an increase in filings, continuing uncertainty around the impact of COVID-19, and a consistently high level of consumer claims. ...

Proposed new responsible lending laws pass the House of Representatives
Insight 24 Mar 2021

On Monday 15 March 2021, the National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020 passed the House of Representatives, and was introduced in the Senate the following day. This followed the release of the Senate Economics Legislation Committee Report on the Bill. ...

'Remediation' as a legal term
Insight 24 Mar 2021

ASIC's recent consultation paper (CP335) on proposed changes to its remediation guidance (RG256) may have created further space between what is legally required of remediations and what ASIC may expect of them. ...

Privacy disclosure incident leads to largest ever award of compensation for non-economic loss
Insight 16 Mar 2021

The determination issued by the OAIC for breaches of the Privacy Act by the Department of Home Affairs confirms that compensation can be ordered to be paid for non-economic losses related to data breaches. ...

Investor state arbitration and the environment: preparing for change in 2021 and beyond
Insight 15 Mar 2021

The overlap between international investment and environmental protection is expanding, eg with environmental protection provisions featuring in recent International Investment Agreements (IIAs) and international Free Trade Agreements (FTAs), and environment-related investor-state disputes. ...

The end is more nigh: FCA announces official LIBOR cessation dates
Insight 12 Mar 2021

On 5 March the UK LIBOR regulator, the FCA, announced cessation dates for the vast majority of LIBOR settings. As expected, the key date will be end of this year (ie 31 December 2021) for most ...

Clarity from the High Court on competing class actions
Insight 12 Mar 2021

The High Court of Australia has provided much-needed clarity on competing class actions, handing down its decision in Wigmans v AMP Limited [2021] HCA 7. ...

A new rights-based approach: the Aged Care Royal Commission delivers its blueprint for radical reform
Insight 05 Mar 2021

The Royal Commission into Aged Care Quality and Safety issued its Final Report, which recommends significant change through the creation of a new aged care system aimed at placing people at the centre of aged care. The recommendations are wide ranging. ...

Contract law update
Insight 03 Mar 2021

In this year's Contract Law Update we will look at the most significant recent judgment of Australian appellate courts and the most relevant cases. ...

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