91-100 of 124 results
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
Nudge, nudge, think, think - ASIC and behavioural economics
In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...
Timing is everything: Major shareholders exclusions in D&O insurance policies
A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...
Broadening approved product lists - would it really achieve anything?
In his report earlier this year on retail life insurance advice John Trowbridge recommended that every advice licensee include at least half of the 13 relevant life insurers on its approved product list The Assistant Treasurer has since indicated the Government may consider measures to widen APLs by ...
Financial System Inquiry: where are we at?
Federal Treasurer Joe Hockey released the Financial System Inquiry report on 7 December 2014 saying that the report I release today delivers on our election commitment and lays out a blueprint for the financial system over the next decade And he is right - the Government did as promised commission ...
ASIC - A crackdown on corporate culture
Corporate culture and its role in shaping conduct within the financial services sector is now clearly at the forefront of ASICs enforcement agenda This focus was apparent in ASICs 2014-2015 strategic outlook released in October 2014 which identified corporate culture as a key risk driver and poor ...
All but one: Federal Government issues response to FSI report
The Federal Government today released its long-awaited response to the Financial System Inquiry The Government says it has accepted all but one of the Inquirys 44 recommendations released late last year And this is broadly true with the only substantial recommendation to be rejected being the ...
Corporate culture and conduct risk
Regulators particularly in the UK and Australia are increasingly interested in corporate culture in the financial services industry its impact on the integrity of the system and what the regulators are doing to try to entrench a corporate culture that works for the benefit of consumers and investors ...
Government says 'Yes ASIC'
The FSI recommended that the Government emIntroduce an industry funding model for Australian Securities and Investment Commission ASIC and provide ASIC with stronger regulatory toolsem This recommendation No29 covers two topics that ASIC has pursued on a number of occasions including in its ...
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 ...