The BEAR It comes as no surprise that one of the key ways in which the Final Report recommends the need for greater personal accountability be addressed is by the expansion of the BEAR. Specifically, the Commissioner has recommended that: ...

Filings: what have we seen and what's to come? Before the publication of the Final Report, the matters raised during the Royal Commission resulted in either the commencement or investigation of class actions in relation to: Superannuation ...

There is a growing appetite for litigation and regulatory enforcement in the insurance industry. In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Financial Services ...

Class action risk is changing. While filings remain high, consumer claims now dominate and, for the first time in over a decade, the banking sector is not the biggest target.  ...

In this year's report we explore the key themes of class action risk from 2022, explain how and why it's evolved and what this evolution can mean for you throughout 2023. ...

Class action filings rebounded in 2023, making it the second biggest year for filings of all time. While consumer claims continue to dominate, claims from shareholders and employees remain significant areas of risk. ...

Covered in this webinar: APRA enforcement update – In July 2024, APRA announced it had agreed to accept an enforceable undertaking from OnePath Custodians, and that OnePath had paid $10.7 million under infringement notices issued by APRA. This webinar takes a look at the case in detail, including some of the key takeaways for superannuation trustees and other APRA-regulated entities. DDO enforcement update – ASIC has successfully prosecuted the first two design and distribution obligations cases. This webinar takes a look at some key findings from those cases, including the court's view on what constitutes 'reasonable steps' for issuers and distributors of financial products and an issuer's obligation to monitor and review data. ...

In recent years, human rights litigation has become an increasingly prominent concern in business supply chains, as interested parties seek to hold to account companies who fail to address human rights issues in their supply chains, both legally and reputationally. In conjunction with Linklaters, this webinar considers key litigation trends in human rights litigation against businesses in Australia, the EU, the US and the UK including key cases, the means by which claims are already been brought in these jurisdictions and some practical tips on how to mitigate litigation risk in this area. ...

Covered in this webinar: Consultation on the first tranche the Albanese Government's 'Delivering Better Financial Outcomes' package of reforms, addressing several recommendations from the Quality of Advice Review; and ASIC's civil penalty proceedings against Telstra Super Pty Ltd, being the first case to test the application of the internal dispute resolution obligations in s912A of the Corporations Act. ...

Covered in this webinar: The latest from the Court of Appeal on conflicted remuneration and financial product advice The Financial Accountability Regime ...