181-190 of 591 results

The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
Insight 22 Nov 2019

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

Goodbye, conflicted remuneration (and hello, conflicted remuneration)
Insight 13 Dec 2019

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...

Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

A Commission of Inquiry - of the Royal, not the Parliamentary, kind
Insight 19 Dec 2017

Since the announcement of the Royal Commission into ahem financial services much has been written and said - a lot of which suggests that little attention is being paid to the terms of reference In this article I take a look at those terms ...

Australia - Fund Finance 2018, 2nd Edition
Insight 27 Feb 2018

Fund financing activities in Australia remained strong in 2017 with particular focus on infrastructure private equity funds and private debt funds which have taken advantage of the additional liquidity and funding flexibility in this market Allens Partner Tom Highnam Managing Associate Rita Pang and ...

The Royal Commission heats up
Insight 09 Apr 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry is well underway with its first round of public hearings wrapping up less than a month ago By reference to a number of case studies the first round of hearings focused on consumer lending practices In ...

2018-19 Federal Budget - superannuation
Insight 15 May 2018

The 2018-19 Federal Budget has introduced a number of proposed superannuation-related changes, with a focus on protecting small balances, young members and existing retirees. ...

Royal Commission update
Insight 15 May 2018

The hearings in the Financial Services Royal Commission have been compulsory viewing not only for financial services industry participants and their regulators and professional service providers The hearings have exposed wide-ranging actual or alleged wrongful conduct that has captured the attention ...

ASIC overhauls AFS licensing relief for foreign financial service providers
Insight 05 Jun 2018

ASIC has released its consultation paper on licensing relief for foreign financial services providers proposing a new licensing regime that will be broadly in line with that applied to other AFS licensees, but with relief from some provisions of the Australian Corporations Act and the imposition of ...

Design and distribution of financial products - regulating 'retail product distribution conduct'
Insight 30 Jul 2018

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 ...

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