181-190 of 301 results
Civil penalties: are negotiated outcomes still negotiable?
A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...
More (good) Queensland property law changes (inc. up to 20% deposits!!)
Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...
Design and distribution of financial products - regulating 'retail product distribution conduct'
The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...
A development from the English Court of Appeal regarding legal professional privilege in internal investigations
In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...
Recent decision on FoFA advice provisions - ASIC v NSG
The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...
Consumer protection in the banking, insurance and financial sector
The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...
CIPRs - some interesting findings
We recently hosted some workshops in Sydney and Melbourne to discuss the proposed CIPR framework The outcomes of those workshops were interesting - in some respects surprising - and this article provides a brief report ...
Draft whistleblower legislation puts onus on big business
Big business should be aware of mandatory publishing requirements for whistleblower policies and a reverse onus of proof for compensation which is among a raft of whistleblower reforms contained in draft legislation released following a Senate inquiry report Partner Rachel Nicolson and Associate ...
APRA's new powers in superannuation - A worthy idea, but checks and balances required
APRA is in line to get significantly increased powers of direction in respect of RSE licensees and their controlled entities as part of the package of superannuation reforms announced in the Treasury Legislation Amendment Improving Accountability and Member Outcomes in Superannuation Bill 2017 ...
Superannuation-guarantee amnesty, and proposed modern slavery legislation
Two important pieces of draft legislation under Federal consideration are how employers deal with historical superannuation contribution shortfalls, and the possible requirement of employers to report on modern slavery risks and practices in their workforce and supply chains. ...