991-1000 of 1051 results
The best interests duties - process or outcome?
Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...
MySuper and promoting the financial interests of MySuper beneficiaries
An examination of a trustees duty to promote the financial interests of its MySuper beneficiaries is it outcomes-based or process-based ...
Draft rules published for mandatory central clearing of derivatives and single-sided reporting
ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...
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 ...
Protecting the financial system from cross-border contagion
In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...
APRA's guidance on the Protecting Your Super changes
On 8 May APRA released its answers to some frequently asked questions about the Protecting Your Super changes I would politely suggest that the questions asked and answered by APRA make up a fairly small subset of the questions that are in fact being asked in some cases very frequently about the PYS ...
Amendments to include insurance claims handling in the definition of 'financial services'
The Federal Government has released a consultation paper which takes action on Recommendation 4.8 of the Banking Royal Commission's Final Report. If implemented, the handling and settlement of insurance claims will become a 'financial service' under the Corporations Act 2001 ...
ASIC's change of tone in action
ASIC's 'why not litigate?' approach to enforcement activities and its change in tone confirm the new era of regulatory engagement has arrived. In particular, its recent actions in the Federal Court place the waiving of legal professional privilege under the spotlight. ...
Parliamentary Committee reports on the life insurance industry
The Parliamentary Joint Committee on Corporations and Financial Services has published its report on the life insurance industry The report includes a nice summary of previous inquiries reviews reforms and events since 2013 The Committee appears to think that all of these previous efforts have been ...
Australian Financial Complaints Authority: a 'one-stop-shop' for financial dispute resolution
The new Australian Financial Complaints Authority is to replace each of the Superannuation Complaints Tribunal the Financial Ombudsman Service and the Credit and Investments Ombudsman in November 2018 ...