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 ...
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 ...
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 ...
Grizzly times ahead for banks
A consultation paper on the BEAR has been released confirming the Federal Governments intention to impose an executive accountability regime on banks and their subsidiaries that follows important elements of current international accountability regimes You have three weeks to provide your comments ...
UK's Financial Conduct Authority report into asset management: guidance for future direction
ASIC often looks to overseas regulators for inspiration So when a particularly influential regulator publishes a comprehensive report about a large segment of its regulated population including possible new areas for regulation it can pay to take note because it may be a guide to the future ...
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 ...
Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
Understanding the global reach of anti-bribery and corruption regulation as well as the application of it within a specific jurisdiction is key to managing risk for international businesses Our global alliance partner with input from Allens examines 24 jurisdictions across the Asia-Pacific Europe ...
Extraordinary new power proposed for APRA
The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...