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Short on solutions for a growing problem
The Financial System Inquirys interim report devotes a lot of space to superannuation but doesnt have a great deal to say What is missing from the report is any vision for a retirement income system and it is hard to see how the FSI will bring about any significant changes It is also hard to see ...
Recent UK money laundering decision
In this Insight, we explain how this decision is relevant to Australian companies, in demonstrating how proceeds of crime laws may provide rightsholders and activists with an additional lever for seeking company engagement on tackling modern slavery (and, potentially, other human rights issues). ...
Your jointly proposed pecuniary penalty may not be appropriate
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. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Spotting hurdles in the race to market Australian funds in Asia
The introduction of the Asia Region Funds Passport ARFP has been in the works for some time The ARFP was one of the recommendations coming out of the 2009 Johnson Report and aims to provide a basis for cross-border marketing of managed funds in the Asia region While there has been a tendency to ...
Expert review into fees and costs disclosure - further changes ahead
Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...
High Court affirms utility of disclaimers in limiting producers' duty of care
In a recent decision with ramifications for producers' and manufacturers' class action risk, the High Court has found that a sorghum seed producer, Advanta Seeds, was not liable to growers for economic loss resulting from their purchase of contaminated seed bags. ...
Efficiently, honestly and fairly - overarching and fundamental obligations?
In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...
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. ...
ASX crackdown on investor presentations: a timely reminder for companies presenting at upcoming mining conferences
Entities should consider the ASX's new compliance update cracking down on the content contained in investor presentations, specifically in the mining sector. We provide a short summary of the ASX Guidance to help those involved in preparing investor presentations for upcoming mining conferences. ...