41-50 of 355 results

The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
Insight 22 Nov 2019

There has been a lot of talk about the recent amendment to the test for dishonesty in the Corporations Act 2001 (Cth), which lowers the burden on the prosecution. ...

If in doubt, get the whitewash out
Insight 11 Oct 2019

The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...

ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
Insight 01 Oct 2019

The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...

Inducements in the corporate superannuation sector – guidance misses the mark
Insight 01 Oct 2019

There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...

No safe harbours for mortgage brokers in latest reforms
Insight 27 Aug 2019

Hot on the heels of its Implementation Roadmap, the Federal Government has released draft legislation introducing a best interests duty and banning conflicted remuneration for mortgage brokers. This affects not only mortgage brokers but the existing safe harbour for financial advisers. ...

Treasurer's 'Roadmap' more a reminder than an explainer
Insight 19 Aug 2019

The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...

Does that raise a question of the criminal law?
Insight 15 Aug 2019

During Royal Commission hearings last year, Commissioner Hayne ominously asked one witness: Does that raise a question of the criminal law? This Insight considers the implications of this question for financial service providers. ...

ASIC's product intervention power – time to permanently retire a furphy?
Insight 13 Aug 2019

Three consultation papers released by ASIC in recent times are far more interesting for what they reveal about whether the newly-minted product intervention power was really needed in the first place, than they are for what they say about ASIC's intentions in exercising the power. ...

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