91-100 of 101 results

Royal Commission: Round 2 - experiences with financial advice
Insight 02 Oct 2018

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
Insight 26 Nov 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. ...

AFCA's powers and obligations - 'systemic issues'
Insight 13 Nov 2018

In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns. This Insight considers what can and should be done about such systemic issues. ...

Changes to the FSC Life Insurance Code of Practice
Insight 20 Dec 2018

Proposed changes to the FSC Life Insurance Code designed to improve standards in product design sales underwriting customer service complaints and claim handling are afoot and the deadline for comments is fast approaching ...

AFCA: The first six months - and the year ahead
Insight 17 Apr 2019

The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...

IP insurance: are you sure it's too expensive?
Insight 25 Jun 2019

IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...

Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
Insight 12 Aug 2019

In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

ASIC getting a bigger toolkit sooner than expected
Insight 04 May 2016

In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...

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