1-10 of 44 results

Federal Court finds cyber risk management is a critical obligation for financial services firms
Insight 06 May 2022

The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...

Should the Takeovers Panel have jurisdiction over schemes?
Insight 05 Apr 2022

On Friday, the government released its long awaited consultation paper on a proposal to transfer jurisdiction over schemes which effect a control transaction to the Takeovers Panel. This proposal was originally foreshadowed in last year's budget, and the government is seeking feedback on the proposal by 3 June 2022. ...

ASIC consults on relief for superannuation calculators and forecasts
Insight 30 Nov 2021

ASIC has released Consultation Paper 351: Superannuation forecasts: updates to relief and guidance seeking feedback on proposals to extend and expand the relief for superannuation calculators and retirement forecasts. It has also released the draft relief instrument and draft regulatory guide. ...

ASIC publishes updated guidance on hawking reforms
Insight 27 Oct 2021

Under the new hawking prohibition in sections 992A and 992AA of the Corporations Act 2001 (Cth) (Corporations Act), a person must not offer a financial product to a retail client (consumer) in the course of, or because of unsolicited, real-time contact. ...

October compliance deadlines: rounding up the last-minute changes
Insight 27 Oct 2021

October marks the commencement of the design and distribution obligations (DDO) regime, the deferred sales model for add-on insurance (DSM), changes to the anti-hawking rules, refreshed standards for internal dispute resolution systems and, to top it all off, a new breach reporting regime. ...

Consultation period has closed for draft FAR Bill
Insight 31 Aug 2021

On 13 August 2021, consultation closed on the various documents issued by Treasury in relation to the much anticipated Financial Accountability Regime (FAR). ...

Are you ready for the new breach reporting regime?
Insight 18 Aug 2021

ASIC has released a consultation paper on its draft regulatory guidance for the new (read onerous and wide-ranging) breach reporting regime, which is to commence on 1 October 2021. The release, on 22 April 2021, followed the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 ...

Transferring jurisdiction over schemes from the courts to the Takeovers Panel
Insight 17 Jun 2021

In the federal budget, the Treasurer announced funding for a public consultation process to consider broadening the jurisdiction of the Takeovers Panel to include members' schemes of arrangement. The idea of transferring jurisdiction over schemes from the courts to the Panel is not a new one. ...

Your jointly proposed pecuniary penalty may not be appropriate
Insight 27 Apr 2021

The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...

'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. ...

Refine

From
To