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Running out of time for retirement income reform
Insight 22 Jul 2014

The Government has released a consultation paper on the regulation of retirement income streams It says that the Government wants to encourage the development of more retirement products But this is old news and the paper offers few concrete policy proposals other than in the area of deferred ...

Could superannuation cease to be prudentially regulated?
Insight 02 Sep 2014

The Financial System Inquiry FSI has asked whether superannuation should cease to be prudentially regulated Is this idea likely to go anywhere Dont be so sure that it wont ...

ASIC continues clamp down on shareholder intention statements
Insight 01 Apr 2019

Bidders and targets must exercise caution in securing shareholder support over more than 20 per cent of target shares for bids and schemes, as ASIC continues its clamp down on shareholder intention statements and prepares to issue new guidance on 'truth in takeovers' ...

Is the pain worth the gain?
Insight 01 Oct 2014

ASIC has undertaken a bit of a survey of licensees who provide financial product advice to retail clients to see how they are faring a year into FoFA ...

ASIC steps up its attack on the use of stub equity in control transactions
Insight 06 Jun 2019

ASIC has issued its promised consultation paper on the use of stub equity in control transactions, which will, if adopted, have the potential to make the use of stub equity as an alternative form of consideration in schemes and takeovers more difficult. ...

'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

The Federal Court on information to third parties, legal professional privilege and waiver
Insight 21 May 2014

A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...

ASIC publishes draft funds management guidance
Insight 27 Oct 2017

ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...

Reporting significant breaches - or something that may (or may not) be a breach?
Insight 05 May 2017

The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...

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