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Where to next? Responding to the evolving landscape for business and human rights
With significant ESG developments unfolding globally and the dust settling on our own federal election, now is the time to take stock of the ESG landscape in Australia, particularly in the 'S' domain. ...
Regulatory scrutiny of private capital increases
Private capital is becoming a growing focus of regulators, both in Australia and internationally, given the ever-increasing flow of capital to the sector in recent years. ...
Evolving litigation landscape: recent ESG disputes trends
In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...
ASIC extends transitional relief for FFSPs
ASIC has again extended transitional relief for foreign financial services providers (FFSPs) relying on existing relief when providing financial services to Australian wholesale clients. ...
ASIC targets superannuation trustees on financial advice fees
On 9 May 2024, ASIC released its report, REP 781 Review of superannuation trustee practices protecting members from harmful advice charges, outlining findings from its review of progress by superannuation trustees in addressing risks of member harm from poor financial advice and inappropriate advice ...
ASIC 2024 enforcement priorities
On 21 November, at the ASIC Annual Forum 2023, ASIC Deputy Chair Sarah Court announced ASIC's enforcement priorities for 2024. The Deputy Chair also addressed ASIC's regulatory enforcement approach generally, by reference to recent criticisms levelled at the regulator. ...
Whistling in the wind: clarification on the limited retrospective application of the corporate and tax whistleblower protection regime
The Full Court of the Federal Court of Australia has unanimously determined that the updated whistleblower protections that came into effect on 1 July 2019 do not apply to detrimental conduct engaged ...
ASIC and APRA announce strategic priorities
In this Insight, we consider the key trends, similarities and differences we have observed across ASIC and APRA's Corporate Plan. We also explain what to expect on the regulators' supervision and enforcement agendas in the near future. ...
MAC conditions: more disclosure but no real change to market practice
MAC conditions have long been a feature of managing completion risk in public M&A transactions in Australia—utilising triggers based on either or both quantitative and qualitative measures. However, in 2022 ASIC published its concerns on the formulation of these conditions and, in particular, its expectation that MAC conditions include objective and 'quantifiable' triggers. ...
ASIC spotlight on compliance with client money rules in superannuation
ASIC has recommended all superannuation trustees should review their compliance with s1017E of the Corporations Act after a thematic review found widespread 'deficiencies'. ...