91-100 of 112 results
Conflicts of interest and the duty to manage them
The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
The Life Insurance Code of Practice - just a code, or something more?
The new Life Insurance Code of Practice has much to recommend it The paragraphs concerning policy design are a case in point But is the Code indeed just a code or does it purport to go further ...
Dodd Frank - promoting financial stability and other purposes
The Dodd Frank Act is a bit like the US financial system it is trying to regulate - vast complex and hard to wade through It creates a bunch of new regulators on top of what was already a pretty solid cast and gives them wide-ranging powers They can not only set capital and liquidity requirements ...
Post-election policy recap
As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...
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 ...
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and 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 ...
Royal Commission: Round 2 - experiences with financial advice
Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...
Report: Class Action Risk 2018
Class action risk continues to increase and is becoming more complex than ever before. Assessing this risk for your organisation is extraordinarily challenging and requires a broad-based perspective of the broader class actions landscape. ...